Clegg and Downey (Child support)

Case

[2018] AATA 540

25 January 2018


Details
AGLC Case Decision Date
Clegg and Downey (Child support) [2018] AATA 540 [2018] AATA 540 25 January 2018

CaseChat Overview and Summary

The Administrative Appeals Tribunal (AAT) considered the matter of *Clegg and Downey (Child Support)*. The dispute concerned the determination of the percentage of care for a child, specifically whether an interim period applied and whether reasonable action had been taken for compliance. The decision under review was set aside and substituted.

The Tribunal was required to determine whether the applicant had taken reasonable action to obtain compliance with the child support assessment. Furthermore, the Tribunal had to consider the application of an interim period in the context of the care arrangements for the child.

The Tribunal found that the applicant had not taken reasonable action to obtain compliance. In reaching this conclusion, the Tribunal applied the principles of the *Child Support (Registration and Collection) Act 1988* concerning the obligation to take reasonable action to secure compliance with a child support assessment. The Tribunal also considered the circumstances surrounding the care arrangements and determined that an interim period was not applicable in this instance. The Tribunal set aside the original decision and substituted its own decision.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Judicial Review

  • Procedural Fairness

  • Statutory Construction

  • Remedies

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