Geck and Child Support Registrar (Child support)

Case

[2018] AATA 4350

15 October 2018


Details
AGLC Case Decision Date
Geck and Child Support Registrar (Child support) [2018] AATA 4350 [2018] AATA 4350 15 October 2018

CaseChat Overview and Summary

The Administrative Appeals Tribunal reviewed a decision by the Child Support Registrar concerning the percentage of care for a child. The applicant, Geck, sought to have a previous determination of the percentage of care revoked and a new determination made.

The Tribunal was required to determine whether the Registrar's decision to refuse to revoke the existing percentage of care determination and make a new one was justified. This involved considering whether there had been a change in the pattern of care for the child since the last determination was made.

The Tribunal found that the evidence did not establish a significant change in the pattern of care that would warrant revoking the existing determination and making a new one. The principles applied focused on the threshold required to demonstrate a change in care arrangements sufficient to justify a new assessment under the relevant legislation. The Tribunal affirmed the Registrar's decision.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Judicial Review

  • Statutory Construction

  • Procedural Fairness

  • Jurisdiction

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