Biddle and Child Support Registrar (Child support)

Case

[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.
Details

Areas of Law

  • Administrative Law

  • Family Law

Legal Concepts

  • Judicial Review

  • Procedural Fairness

  • Statutory Construction

  • Remedies

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