Copestake and Child Support Registrar (Child support)

Case

[2021] AATA 1268

9 March 2021


Details
AGLC Case Decision Date
Copestake and Child Support Registrar (Child support) [2021] AATA 1268 [2021] AATA 1268 9 March 2021

CaseChat Overview and Summary

The Administrative Appeals Tribunal (AAT) considered the dispute between Copestake and the Child Support Registrar concerning a review of existing percentage of care determinations. The core of the matter was whether there had been a change to the likely pattern of care that warranted the revocation of existing determinations and the making of new ones.

The Tribunal was required to determine whether the evidence presented established a sufficient change in the likely pattern of care to justify altering the previously determined percentages. This involved assessing the factual circumstances presented by the parties and applying the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) concerning changes to care arrangements.

The Senior Member, R Ellis SM, affirmed the decision under review. The reasoning focused on the evidence demonstrating a shift in the actual and anticipated care arrangements for the child, which met the threshold for revoking the existing percentage of care determinations and making new ones that reflected the changed circumstances.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Statutory Construction

  • Judicial Review

  • Appeal

  • Jurisdiction

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