Gorman and Berker (Child support)
Case
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[2022] AATA 951
•10 March 2022
Details
AGLC
Case
Decision Date
Gorman and Berker (Child support) [2022] AATA 951
[2022] AATA 951
10 March 2022
CaseChat Overview and Summary
This matter concerned an appeal by Gorman against a decision of the Child Support Registrar concerning the percentage of care for the parties' child. The Registrar had revoked existing percentage of care determinations and made new determinations, which Gorman sought to have set aside.
The primary legal issue before the court was whether there had been a change to the likely pattern of care of the child. Gorman contended that the Registrar erred in finding that such a change had occurred, arguing that the existing care arrangements should have been maintained.
The court considered the evidence presented regarding the care arrangements for the child. It applied the principles governing the assessment of percentage of care under the *Child Support (Registration and Collection) Act 1988*, which require the Registrar to consider the likely future pattern of care. The court found that the evidence supported the Registrar's conclusion that a change in the likely pattern of care had occurred, justifying the revocation of the existing determinations and the making of new ones.
The appeal was dismissed, and the decision of the Child Support Registrar was affirmed.
The primary legal issue before the court was whether there had been a change to the likely pattern of care of the child. Gorman contended that the Registrar erred in finding that such a change had occurred, arguing that the existing care arrangements should have been maintained.
The court considered the evidence presented regarding the care arrangements for the child. It applied the principles governing the assessment of percentage of care under the *Child Support (Registration and Collection) Act 1988*, which require the Registrar to consider the likely future pattern of care. The court found that the evidence supported the Registrar's conclusion that a change in the likely pattern of care had occurred, justifying the revocation of the existing determinations and the making of new ones.
The appeal was dismissed, and the decision of the Child Support Registrar 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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Statutory Construction
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Procedural Fairness
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Cases Citing This Decision
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Cases Cited
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Statutory Material Cited
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Parent A and Child Support Registrar Parent B OTHER PARTY
[2013] AATA 562