Walton and Silkstone (Child support)

The Administrative Appeals Tribunal considered the dispute between Walton and Silkstone concerning the percentage of care arrangements for a child. The primary issue before the Tribunal was whether there had been a change to the likely pattern of care, which would necessitate the revocation of existing percentage of care determinations and the making of new ones.

The Tribunal was required to determine two key legal issues. Firstly, it had to ascertain whether the circumstances warranted the revocation of the existing percentage of care determinations. Secondly, the Tribunal had to consider the date of effect provisions, specifically whether there were special circumstances that prevented the objection from being lodged within the prescribed time.

In its reasoning, the Tribunal found that special circumstances did exist which prevented the objection from being lodged in time. This finding led the Tribunal to set aside the previous decision and substitute it with new determinations regarding the percentage of care. The Tribunal's decision reflects an application of the principles governing changes in care patterns and the consideration of special circumstances for late objections under the relevant child support legislation.