Viola-Thrussell and Child Support Registrar (Child support)

The Administrative Appeals Tribunal (AAT) considered the dispute between Viola-Thrussell and the Child Support Registrar concerning revised percentage of care determinations. The core of the disagreement revolved around whether there had been changes to the likely pattern of care for the child, which would necessitate revoking existing percentage of care determinations and making new ones.

The Tribunal was required to determine two primary legal issues. Firstly, it had to assess whether the evidence presented demonstrated a change in the likely pattern of care that warranted the revocation of existing percentage of care determinations and the making of new ones. Secondly, the Tribunal had to consider whether there were special circumstances that would permit the Child Support Registrar to accept an objection lodged by Viola-Thrussell outside the prescribed 28-day period.

In relation to the first issue, the Tribunal found that the evidence did not establish a sufficient change in the likely pattern of care to justify revoking the existing determinations. Regarding the second issue, the Tribunal determined that no special circumstances existed that prevented Viola-Thrussell from lodging her objection within the stipulated timeframe. Consequently, the Tribunal set aside the Registrar's decision to accept the late objection and substituted it with a decision that the objection was not in time.