Warden and Bassett (Child support)

The Administrative Appeals Tribunal considered the child support assessments of Warden and Bassett. The dispute concerned the determination of care percentages for the parties' child and the date of effect of an objection decision. The Tribunal was asked to review a decision made by the Registrar of the Child Support Agency.

The primary legal issue before the Tribunal was whether the Registrar's decision regarding the care percentages was correct. This involved determining the likely pattern of care for the child. A secondary issue was whether special circumstances existed that would have prevented the lodgement of an objection within the prescribed time, thereby allowing the Registrar to make a determination under subsection 87AA(2) of the *Child Support (Registration and Collection) Act 1988* regarding the date of effect of the objection decision.

The Tribunal found that the Registrar's decision regarding the care percentages was not justified and varied it. The Tribunal reasoned that the evidence did not support the Registrar's assessment of the likely pattern of care. Regarding the objection, the Tribunal affirmed the Registrar's refusal to make a determination under subsection 87AA(2), concluding that no special circumstances were established that would have excused the late lodgement of the objection.