Daroga and Child Support Registrar (Child support)
Case
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[2018] AATA 3997
•3 September 2018
Details
AGLC
Case
Decision Date
Daroga and Child Support Registrar (Child support) [2018] AATA 3997
[2018] AATA 3997
3 September 2018
CaseChat Overview and Summary
The Administrative Appeals Tribunal considered the dispute between Daroga and the Child Support Registrar concerning the percentage of care for a child. The Registrar had made new determinations regarding the percentages of care, revoking existing ones, and the applicant sought review of this decision.
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 the existing percentages of care should be revoked and new percentages determined. The central question was whether the evidence supported a finding that the child's care arrangements had altered sufficiently to warrant a change in the registered percentages.
The Tribunal applied the principles governing the determination of percentages of care under the *Child Support (Registration and Collection) Act 1988*. It considered the evidence presented regarding the actual and likely future care arrangements for the child. After reviewing the evidence, the Tribunal found that there had been a significant change to the likely pattern of care. Consequently, the Tribunal affirmed the Registrar's decision to revoke the existing percentages of care and make new 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 the existing percentages of care should be revoked and new percentages determined. The central question was whether the evidence supported a finding that the child's care arrangements had altered sufficiently to warrant a change in the registered percentages.
The Tribunal applied the principles governing the determination of percentages of care under the *Child Support (Registration and Collection) Act 1988*. It considered the evidence presented regarding the actual and likely future care arrangements for the child. After reviewing the evidence, the Tribunal found that there had been a significant change to the likely pattern of care. Consequently, the Tribunal affirmed the Registrar's decision to revoke the existing percentages of care and make new 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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Judicial Review
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Statutory Construction
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Procedural Fairness
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