Gorbold and Hurst (Child support)
Case
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[2019] AATA 5734
•28 November 2019
Details
AGLC
Case
Decision Date
Gorbold and Hurst (Child support) [2019] AATA 5734
[2019] AATA 5734
28 November 2019
CaseChat Overview and Summary
This matter concerned an appeal to the Administrative Appeals Tribunal (AAT) by Gorbold (the applicant) against a decision by the Child Support Registrar to refuse to revoke existing percentage of care determinations. The dispute centred on whether there had been a change to the likely pattern of care for the child, which would warrant a reassessment of the registered percentages.
The Tribunal was required to determine whether the applicant had established that there had been a change in the likely pattern of care for the child since the last assessment. Specifically, the Tribunal had to consider if the evidence presented demonstrated a significant alteration to the established routine and division of care between the parents that would justify revoking the existing percentage of care determinations.
The Tribunal affirmed the Registrar's decision, finding that the applicant had not discharged the onus of proving a change to the likely pattern of care. The evidence presented did not establish a substantial or material shift in the established care arrangements. Consequently, the Tribunal concluded that the existing percentage of care determinations remained appropriate and refused to revoke them.
The Tribunal was required to determine whether the applicant had established that there had been a change in the likely pattern of care for the child since the last assessment. Specifically, the Tribunal had to consider if the evidence presented demonstrated a significant alteration to the established routine and division of care between the parents that would justify revoking the existing percentage of care determinations.
The Tribunal affirmed the Registrar's decision, finding that the applicant had not discharged the onus of proving a change to the likely pattern of care. The evidence presented did not establish a substantial or material shift in the established care arrangements. Consequently, the Tribunal concluded that the existing percentage of care determinations remained appropriate and refused to revoke them.
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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