Cherrill and Boris (Child support)
Case
•
[2022] AATA 5043
•28 December 2022
Details
AGLC
Case
Decision Date
Cherrill and Boris (Child support) [2022] AATA 5043
[2022] AATA 5043
28 December 2022
CaseChat Overview and Summary
Cherrill and Boris were parties to child support proceedings before the Child Support Registrar. The dispute concerned the percentage of care for their child, with Cherrill seeking a change to the existing determination. The Registrar had previously made determinations regarding the percentage of care, which Boris sought to have reviewed.
The primary legal issue before the court was whether there had been a change to the likely pattern of care for the child since the last determination, and if so, whether the existing percentage of care determinations should be revoked and new ones made.
The court affirmed the Registrar's decision, finding that the evidence supported a change in the likely pattern of care. The court applied the principles of the *Child Support (Registration and Collection) Act 1988* concerning the assessment of care percentages, considering the factual circumstances presented. The court was satisfied that the change in care arrangements warranted a revocation of the existing determinations and the making of new ones to reflect the current reality.
The primary legal issue before the court was whether there had been a change to the likely pattern of care for the child since the last determination, and if so, whether the existing percentage of care determinations should be revoked and new ones made.
The court affirmed the Registrar's decision, finding that the evidence supported a change in the likely pattern of care. The court applied the principles of the *Child Support (Registration and Collection) Act 1988* concerning the assessment of care percentages, considering the factual circumstances presented. The court was satisfied that the change in care arrangements warranted a revocation of the existing determinations and the making of new ones to reflect the current reality.
Details
Key Legal Topics
Areas of Law
-
Family Law
-
Administrative Law
Legal Concepts
-
Jurisdiction
-
Judicial Review
-
Procedural Fairness
-
Statutory Construction
Actions
Download as PDF
Download as Word Document
Cases Citing This Decision
0
Cases Cited
1
Statutory Material Cited
0
G v Minister for Immigration and Border Protection
[2018] FCA 1229