Corbine and Wichelo (Child support)
Case
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[2022] AATA 3047
•18 July 2022
Details
AGLC
Case
Decision Date
Corbine and Wichelo (Child support) [2022] AATA 3047
[2022] AATA 3047
18 July 2022
CaseChat Overview and Summary
The case of *Corbine and Wichelo* concerned a dispute over the percentage of care arrangements for a child. The applicant sought to have existing percentage of care determinations revoked and new determinations made, alleging a change in the likely pattern of care. The matter came before the court for review of a decision made under the *Child Support (Registration and Collection) Act 1988*.
The primary legal issue before the court was whether there had been a material change to the likely pattern of care for the child, which would justify revoking existing percentage of care determinations and making new ones. This involved an assessment of the factual circumstances and their impact on the established care arrangements.
The court considered the evidence presented regarding the child's living arrangements and the practical realities of the care provided by each parent. It applied the principles governing the determination of percentage of care, focusing on the likely future pattern of care rather than past arrangements. The court found that the evidence supported a change in the likely pattern of care and that the existing determinations were no longer accurate.
Consequently, the court set aside the previous determinations and made new percentage of care determinations reflecting the revised pattern of care.
The primary legal issue before the court was whether there had been a material change to the likely pattern of care for the child, which would justify revoking existing percentage of care determinations and making new ones. This involved an assessment of the factual circumstances and their impact on the established care arrangements.
The court considered the evidence presented regarding the child's living arrangements and the practical realities of the care provided by each parent. It applied the principles governing the determination of percentage of care, focusing on the likely future pattern of care rather than past arrangements. The court found that the evidence supported a change in the likely pattern of care and that the existing determinations were no longer accurate.
Consequently, the court set aside the previous determinations and made new percentage of care determinations reflecting the revised pattern of care.
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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Procedural Fairness
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Statutory Construction
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Remedies
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