Cleveland and Parkes (Child support)
Case
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[2020] AATA 1038
•13 February 2020
Details
AGLC
Case
Decision Date
Cleveland and Parkes (Child support) [2020] AATA 1038
[2020] AATA 1038
13 February 2020
CaseChat Overview and Summary
The Administrative Appeals Tribunal considered the dispute between Cleveland and Parkes concerning the percentage of care arrangements for their child. The applicant, Cleveland, sought to revoke existing percentage of care determinations.
The Tribunal was required to determine whether there had been a change to the likely pattern of care for the child, and if so, whether this warranted the revocation of the existing percentage of care determinations.
The Tribunal found that there had been no change to the likely pattern of care. Applying the principles of the *Child Support (Registration and Collection) Act 1988*, the Tribunal concluded that the existing determinations remained appropriate. Consequently, the decision under review was set aside and substituted with a new decision refusing to revoke the existing percentage of care determinations.
The Tribunal was required to determine whether there had been a change to the likely pattern of care for the child, and if so, whether this warranted the revocation of the existing percentage of care determinations.
The Tribunal found that there had been no change to the likely pattern of care. Applying the principles of the *Child Support (Registration and Collection) Act 1988*, the Tribunal concluded that the existing determinations remained appropriate. Consequently, the decision under review was set aside and substituted with a new decision refusing to revoke the existing percentage of care determinations.
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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Statutory Construction
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Procedural Fairness
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