Barratt and Barratt
Case
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[2015] FCCA 3422
•15 December 2015
Details
AGLC
Case
Decision Date
Barratt and Barratt [2015] FCCA 3422
[2015] FCCA 3422
15 December 2015
CaseChat Overview and Summary
In the matter of *Barratt and Barratt*, heard by Judge Scarlett, the applicant sought leave to make a determination under section 118 of the *Child Support (Assessment) Act 1989* concerning child support assessments payable to the respondent for two children. The dispute related to specific past periods: 1 February 2011 to 30 April 2011, and 31 December 2011 to 30 September 2012.
The court was required to determine whether to grant leave to make a determination under section 118 of the Act, and if so, whether to amend the annual rate of child support payable by the applicant to the respondent for the specified periods.
Judge Scarlett granted leave in accordance with section 112 of the Act, permitting a determination under section 118. The court then amended the annual rate of child support payable by the applicant to the respondent for the children for the periods of 1 February 2011 to 30 April 2011, and 31 December 2011 to 30 September 2012, by changing the assessment to the minimum rate of child support.
The court was required to determine whether to grant leave to make a determination under section 118 of the Act, and if so, whether to amend the annual rate of child support payable by the applicant to the respondent for the specified periods.
Judge Scarlett granted leave in accordance with section 112 of the Act, permitting a determination under section 118. The court then amended the annual rate of child support payable by the applicant to the respondent for the children for the periods of 1 February 2011 to 30 April 2011, and 31 December 2011 to 30 September 2012, by changing the assessment to the minimum rate of child support.
Details
Key Legal Topics
Areas of Law
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Family Law
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Statutory Interpretation
Legal Concepts
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Jurisdiction
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Statutory Construction
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Remedies
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Citations
Barratt and Barratt [2015] FCCA 3422
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