Borland and Borland (Child support)

Case

[2019] AATA 1190

11 March 2019


Details
AGLC Case Decision Date
Borland and Borland (Child support) [2019] AATA 1190 [2019] AATA 1190 11 March 2019

CaseChat Overview and Summary

The case of *Borland and Borland* concerned a dispute between the parties regarding the percentage of care for their child. The applicant sought to have the existing percentage of care determinations revoked. The matter came before the court for review.

The primary legal issue before the court was whether there had been a change to the likely pattern of care of the child. This required the court to assess the evidence presented by the parties concerning the actual and prospective care arrangements for the child.

The court considered the evidence and determined that there had not been a sufficient change to the likely pattern of care to warrant revoking the existing percentage of care determinations. The court applied the principles governing the assessment of care percentages under the relevant legislation, focusing on the likelihood of future care arrangements rather than past fluctuations. The court affirmed the existing decision.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Judicial Review

  • Statutory Construction

  • Procedural Fairness

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