Brabin and Shurtleff (Child support)
Case
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[2021] AATA 2749
•7 June 2021
Details
AGLC
Case
Decision Date
Brabin and Shurtleff (Child support) [2021] AATA 2749
[2021] AATA 2749
7 June 2021
CaseChat Overview and Summary
The case of *Brabin and Shurtleff* concerned a dispute regarding the percentage of care arrangements for a child. The applicant, Brabin, sought to have existing percentage of care determinations revoked and new determinations made. The respondent, Shurtleff, opposed this application. The matter was heard by Judicial Officer Bakas M.
The primary legal issue before the court was to determine whether the existing percentage of care arrangements accurately reflected the actual care provided to the child, and if not, what new percentage of care determinations should be made. This involved an assessment of the factual circumstances surrounding the child's living arrangements and the respective roles of each parent in the child's day-to-day care.
Judicial Officer Bakas M considered the evidence presented by both parties regarding the care arrangements. The court applied the principles of the *Child Support (Registration and Collection) Act 1988* to assess the percentage of care. After reviewing the evidence, the Judicial Officer found that the existing determinations were no longer accurate and proceeded to make new percentage of care determinations. The decision under review, which affirmed the need for new determinations, was upheld.
The primary legal issue before the court was to determine whether the existing percentage of care arrangements accurately reflected the actual care provided to the child, and if not, what new percentage of care determinations should be made. This involved an assessment of the factual circumstances surrounding the child's living arrangements and the respective roles of each parent in the child's day-to-day care.
Judicial Officer Bakas M considered the evidence presented by both parties regarding the care arrangements. The court applied the principles of the *Child Support (Registration and Collection) Act 1988* to assess the percentage of care. After reviewing the evidence, the Judicial Officer found that the existing determinations were no longer accurate and proceeded to make new percentage of care determinations. The decision under review, which affirmed the need for new determinations, was upheld.
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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Procedural Fairness
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Statutory Construction
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