Bachert and Habig (Child support)
Case
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[2020] AATA 3668
•16 June 2020
Details
AGLC
Case
Decision Date
Bachert and Habig (Child support) [2020] AATA 3668
[2020] AATA 3668
16 June 2020
CaseChat Overview and Summary
This matter concerned an appeal to the Child Support Registrar regarding a decision made by an objections officer concerning the percentage of care for a child. The appellant, Bachert, sought to challenge the objections officer's determination that there had not been a change to the likely pattern of care, which had resulted in the revocation of existing percentage of care determinations and the making of new ones.
The primary legal issue before the Registrar was whether the objections officer had erred in finding that the date of notification of a change in the child's care was later than contended by the appellant. Specifically, the Registrar had to determine if there was sufficient evidence to establish that the change in care had been notified to the Registrar earlier than the date identified by the objections officer.
The Registrar's reasoning focused on the absence of evidence supporting the appellant's claim of an earlier notification date. The Registrar noted that the objections officer had considered the available evidence and concluded that no such earlier notification had occurred. Without evidence to the contrary, the Registrar affirmed the objections officer's decision that the notification date was as determined by that officer, and therefore, the existing percentage of care determinations were correctly revoked and new ones made based on the established pattern of care.
The decision under review was affirmed.
The primary legal issue before the Registrar was whether the objections officer had erred in finding that the date of notification of a change in the child's care was later than contended by the appellant. Specifically, the Registrar had to determine if there was sufficient evidence to establish that the change in care had been notified to the Registrar earlier than the date identified by the objections officer.
The Registrar's reasoning focused on the absence of evidence supporting the appellant's claim of an earlier notification date. The Registrar noted that the objections officer had considered the available evidence and concluded that no such earlier notification had occurred. Without evidence to the contrary, the Registrar affirmed the objections officer's decision that the notification date was as determined by that officer, and therefore, the existing percentage of care determinations were correctly revoked and new ones made based on the established pattern of care.
The decision under review was affirmed.
Details
Key Legal Topics
Areas of Law
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Family Law
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Administrative Law
Legal Concepts
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Jurisdiction
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Judicial Review
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Statutory Construction
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Procedural Fairness
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