Denham and Davidson (Child support)
Case
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[2020] AATA 272
•9 January 2020
Details
AGLC
Case
Decision Date
Denham and Davidson (Child support) [2020] AATA 272
[2020] AATA 272
9 January 2020
CaseChat Overview and Summary
The matter of *Denham and Davidson* concerned a dispute over the percentage of care for a child, brought before the court for review. The central issue was whether there had been a change to the likely pattern of care that would warrant an adjustment to the existing child support assessment.
The court was required to determine whether the evidence presented demonstrated a significant alteration in the established routine of care for the child, such that the previous percentage of care no longer accurately reflected the reality of the situation. This involved an assessment of the factual circumstances surrounding the child's living arrangements and the practicalities of each parent's involvement.
In reaching its decision, the court considered the evidence in light of the relevant provisions of the *Child Support (Registration and Collection) Act 1988*. The court found that the evidence did not establish a change to the likely pattern of care. Consequently, the existing decision regarding the percentage of care was affirmed.
The court was required to determine whether the evidence presented demonstrated a significant alteration in the established routine of care for the child, such that the previous percentage of care no longer accurately reflected the reality of the situation. This involved an assessment of the factual circumstances surrounding the child's living arrangements and the practicalities of each parent's involvement.
In reaching its decision, the court considered the evidence in light of the relevant provisions of the *Child Support (Registration and Collection) Act 1988*. The court found that the evidence did not establish a change to the likely pattern of care. Consequently, the existing decision regarding the percentage of care was affirmed.
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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