Greeson and Jikinson (Child support)

Case

[2021] AATA 3172

28 July 2021


Details
AGLC Case Decision Date
Greeson and Jikinson (Child support) [2021] AATA 3172 [2021] AATA 3172 28 July 2021

CaseChat Overview and Summary

This matter concerned an appeal by the father, Mr Greeson, against a decision of the Child Support Registrar concerning the percentage of care for the parties' child. The dispute centred on whether there had been a change to the likely pattern of care for the child, which would justify a revocation of existing percentage of care determinations and the making of new ones. The appeal was heard by Deputy Principal Member K Dordevic of the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the Registrar had erred in revoking the existing percentage of care determinations and making new ones. Specifically, the Tribunal had to consider whether the evidence supported a finding that there had been a change in the likely pattern of care for the child, and if so, whether the new percentage of care determinations were appropriate.

The Tribunal found that the Registrar had failed to properly consider the evidence regarding the child's living arrangements and the impact of the father's work commitments. The Deputy Principal Member applied the principles of the *Child Support (Registration and Collection) Act 1988*, focusing on the definition of "change in the likely pattern of care" and the evidentiary threshold required to justify a variation. The Tribunal concluded that the Registrar's decision was not supported by the evidence and that the existing percentage of care determinations should have been maintained.

The Tribunal set aside the decision under review and substituted it with a new decision. The existing percentage of care determinations were reinstated.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Judicial Review

  • Procedural Fairness

  • Statutory Construction

  • Remedies

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