Dang and Dang (Child support)

Case

[2019] AATA 3857

17 July 2019


Details
AGLC Case Decision Date
Dang and Dang (Child support) [2019] AATA 3857 [2019] AATA 3857 17 July 2019

CaseChat Overview and Summary

The Administrative Appeals Tribunal (AAT) considered the dispute between the parties, referred to as Dang and Dang, concerning the percentage of care arrangements for their child. The applicant sought to have existing percentage of care determinations revoked and new determinations made, arguing there had been a change to the likely pattern of care.

The primary legal issue before the Tribunal was whether the evidence presented demonstrated a sufficient change in the likely pattern of care to warrant revoking the existing percentage of care determinations and making new ones. This required the Tribunal to assess the factual circumstances and apply the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) concerning changes to care arrangements.

The Tribunal affirmed the decision under review, finding that the evidence did not establish a change to the likely pattern of care that would justify revoking the existing determinations. The Tribunal applied the principles governing the assessment of care arrangements under the *Child Support (Registration and Collection) Act 1988*, focusing on whether the proposed new pattern of care was likely to continue for a significant period. The Tribunal was not satisfied that the evidence met the threshold for a change in the likely pattern of care.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Judicial Review

  • Statutory Construction

  • Procedural Fairness

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