Bacote and Kinchin (Child support)
Case
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[2023] AATA 846
•9 March 2023
Details
AGLC
Case
Decision Date
Bacote and Kinchin (Child support) [2023] AATA 846
[2023] AATA 846
9 March 2023
CaseChat Overview and Summary
The case of *Bacote and Kinchin* concerned a dispute regarding the percentage of care arrangements for a child. The applicant, Bacote, sought to have the existing percentage of care determinations revoked and new determinations made. The respondent, Kinchin, opposed this application. The matter came before the court for review of the existing determinations.
The primary legal issue before the court was whether there had been a change to the likely pattern of care for the child that would warrant revoking the existing percentage of care determinations and making new ones. This required the court to assess the evidence presented by both parties regarding the actual care arrangements and the anticipated future care arrangements for the child.
The court considered the evidence of both parties concerning the child's living arrangements and the practicalities of each parent's involvement in the child's daily life. The Senior Member, R Ellis SM, applied the principles of the *Child Support (Registration and Collection) Act 1988* concerning the determination of care percentages. The court found that the evidence supported a change in the likely pattern of care and that the existing determinations were no longer reflective of the reality of the child's upbringing. Consequently, the court affirmed the decision to revoke the existing percentage of care determinations and make new ones.
The primary legal issue before the court was whether there had been a change to the likely pattern of care for the child that would warrant revoking the existing percentage of care determinations and making new ones. This required the court to assess the evidence presented by both parties regarding the actual care arrangements and the anticipated future care arrangements for the child.
The court considered the evidence of both parties concerning the child's living arrangements and the practicalities of each parent's involvement in the child's daily life. The Senior Member, R Ellis SM, applied the principles of the *Child Support (Registration and Collection) Act 1988* concerning the determination of care percentages. The court found that the evidence supported a change in the likely pattern of care and that the existing determinations were no longer reflective of the reality of the child's upbringing. Consequently, the court affirmed the decision to revoke the existing percentage of care determinations and make new ones.
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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