Biddle and Child Support Registrar (Child support)
Case
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[2018] AATA 4152
•3 October 2018
Details
AGLC
Case
Decision Date
Biddle and Child Support Registrar (Child support) [2018] AATA 4152
[2018] AATA 4152
3 October 2018
CaseChat Overview and Summary
The Administrative Appeals Tribunal (AAT) considered the dispute between Biddle and the Child Support Registrar concerning a decision to revoke and make a new determination of the percentage of care.
The primary legal issue before the Tribunal was whether there had been a change in the likely pattern of care that warranted the revocation of the existing percentage of care determination and the making of a new one.
The Tribunal found that the evidence presented demonstrated a significant and ongoing change in the likely pattern of care. Applying the principles of the *Child Support (Registration and Collection) Act 1988*, the Tribunal determined that the existing assessment no longer accurately reflected the reality of the care arrangements. Consequently, the Tribunal set aside the original decision and substituted it with a new determination reflecting the altered care arrangements.
The primary legal issue before the Tribunal was whether there had been a change in the likely pattern of care that warranted the revocation of the existing percentage of care determination and the making of a new one.
The Tribunal found that the evidence presented demonstrated a significant and ongoing change in the likely pattern of care. Applying the principles of the *Child Support (Registration and Collection) Act 1988*, the Tribunal determined that the existing assessment no longer accurately reflected the reality of the care arrangements. Consequently, the Tribunal set aside the original decision and substituted it with a new determination reflecting the altered care arrangements.
Details
Key Legal Topics
Areas of Law
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Administrative Law
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Family Law
Legal Concepts
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Judicial Review
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Procedural Fairness
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Statutory Construction
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Remedies
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