Forrester and Forrester (Child support)

Case

[2020] AATA 271

7 January 2020


Details
AGLC Case Decision Date
Forrester and Forrester (Child support) [2020] AATA 271 [2020] AATA 271 7 January 2020

CaseChat Overview and Summary

This matter concerned an appeal to the Administrative Appeals Tribunal concerning a child support assessment. The parties, referred to as Forrester and Forrester, disputed the percentage of care attributed to each parent for the purposes of calculating child support payments. The core of the dispute revolved around determining the likely pattern of care from the commencement of the administrative assessment.

The Tribunal was required to determine whether the initial decision regarding the percentage of care was correct and, crucially, whether there were any special circumstances that justified the late lodgement of an objection by one of the parties. The Tribunal also had to consider the date from which any revised assessment should take effect.

The Tribunal affirmed the original decision, finding that no special circumstances existed to excuse the late objection. In reaching this conclusion, the Tribunal applied the principles governing the determination of the likely pattern of care under the *Child Support (Registration and Collection) Act 1988*, emphasizing the need for evidence to establish a deviation from the initial assessment. The Tribunal found the evidence insufficient to warrant a change to the established care arrangements or to permit the late objection.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Statutory Construction

  • Appeal

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0