Wheelan and Wheelan (Child support)

This matter concerned an appeal by the father, Mr Wheelan, against decisions made by the Registrar of the Child Support Agency regarding the percentage of care for the parties' child. The primary dispute revolved around whether there had been a change to the likely pattern of care, which would necessitate a review and potential alteration of the existing percentage of care determinations. The Registrar had previously revoked existing determinations and made new ones, which the father sought to challenge.

The court was required to determine two principal legal issues. Firstly, whether the Registrar erred in revoking the existing percentage of care determinations and making new ones, specifically concerning the assessment of the likely pattern of care. Secondly, the court had to consider whether there were special circumstances that prevented the father from lodging his objection within the prescribed time limit, and if so, what date the objection decision should take effect from.

In reaching its decision, the court reviewed the evidence presented regarding the care arrangements for the child. It applied the principles governing the assessment of the percentage of care under the relevant legislation, considering the likely pattern of care and any significant changes thereto. The court also examined the criteria for establishing "special circumstances" that would permit an objection to be lodged out of time. The court found that the Registrar's decision regarding the percentage of care was not supported by the evidence and that special circumstances did exist for the late lodgement of the objection.

Consequently, the court set aside the Registrar's decisions and substituted its own. The court made new determinations regarding the percentage of care and ordered that the objection decision take effect from a specified date, reflecting the finding of special circumstances.