Zanetti and Antonelli (Child support)

This matter concerned an appeal by Zanetti (the applicant) against a decision of the Child Support Registrar concerning the percentage of care for the parties' child. The dispute centred on whether there had been a change to the likely pattern of care and, if so, the date from which that change should take effect for the purposes of child support assessments. The appeal was heard by M Douglas M.

The primary legal issues before the court were: firstly, whether the Registrar erred in determining the date of effect for a change in the percentage of care; and secondly, whether there were special circumstances that justified an extension of time for lodging an application for review of the Registrar's decision. The court was required to consider the provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) relating to changes in care patterns and the lodgement of review applications.

The court found that special circumstances did exist which prevented the application for review being lodged in time. Consequently, the court determined that the existing percentage of care determinations should be revoked and new determinations made. The court further ordered that the date of effect of the tribunal’s decision should be the date the change of care actually occurred, rather than a later date.