Beezley and Wibben (Child support)
Case
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[2020] AATA 899
•2 March 2020
Details
AGLC
Case
Decision Date
Beezley and Wibben (Child support) [2020] AATA 899
[2020] AATA 899
2 March 2020
CaseChat Overview and Summary
The Administrative Appeals Tribunal (AAT) considered the dispute between Beezley and Wibben concerning the percentage of care for their child. The applicant, Beezley, sought to have the existing percentage of care determinations revoked and new determinations made, arguing there had been a change to the likely pattern of care.
The Tribunal was required to determine whether the existing percentage of care determinations were correctly made and, if not, whether a change to the likely pattern of care had occurred that warranted new determinations. Specifically, the AAT had to assess if the evidence supported a departure from the previously established care arrangements.
The Tribunal affirmed the decision under review, finding that the existing percentage of care determinations had been correctly revoked and new determinations made. This suggests the Tribunal was satisfied that the evidence presented demonstrated a change in the likely pattern of care sufficient to justify the revocation and the making of new determinations.
The Tribunal was required to determine whether the existing percentage of care determinations were correctly made and, if not, whether a change to the likely pattern of care had occurred that warranted new determinations. Specifically, the AAT had to assess if the evidence supported a departure from the previously established care arrangements.
The Tribunal affirmed the decision under review, finding that the existing percentage of care determinations had been correctly revoked and new determinations made. This suggests the Tribunal was satisfied that the evidence presented demonstrated a change in the likely pattern of care sufficient to justify the revocation and the making of new determinations.
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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