Carron and Joyner (Child support)
Case
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[2022] AATA 3509
•4 August 2022
Details
AGLC
Case
Decision Date
Carron and Joyner (Child support) [2022] AATA 3509
[2022] AATA 3509
4 August 2022
CaseChat Overview and Summary
The Administrative Appeals Tribunal (AAT) considered a dispute between Carron and Joyner concerning the percentage of care arrangements for their child. The core of the disagreement involved whether there had been a change to the likely pattern of care, which led to the revocation of existing percentage of care determinations and the making of new ones.
The Tribunal was required to determine two primary legal issues. Firstly, whether a change to the likely pattern of care had occurred, justifying the revocation and making of new percentage of care determinations. Secondly, the Tribunal had to consider whether there were special circumstances that prevented an objection from being lodged within the prescribed time limit.
In its reasoning, the Tribunal found that there were no special circumstances that prevented the objection from being lodged in time. Consequently, the Tribunal set aside the original decision and substituted it with its own determination. The Tribunal affirmed the decision that there had been a change to the likely pattern of care, leading to the revocation of existing determinations and the making of new ones.
The Tribunal was required to determine two primary legal issues. Firstly, whether a change to the likely pattern of care had occurred, justifying the revocation and making of new percentage of care determinations. Secondly, the Tribunal had to consider whether there were special circumstances that prevented an objection from being lodged within the prescribed time limit.
In its reasoning, the Tribunal found that there were no special circumstances that prevented the objection from being lodged in time. Consequently, the Tribunal set aside the original decision and substituted it with its own determination. The Tribunal affirmed the decision that there had been a change to the likely pattern of care, leading to the revocation of existing determinations and the making of new ones.
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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Statutory Construction
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Appeal
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Procedural Fairness
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