Hackney and Hackney (Child support)
Case
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[2018] AATA 3995
•23 August 2018
Details
AGLC
Case
Decision Date
Hackney and Hackney (Child support) [2018] AATA 3995
[2018] AATA 3995
23 August 2018
CaseChat Overview and Summary
The Administrative Appeals Tribunal (AAT) considered an application by the father, Mr Hackney, to revoke the existing percentages of care for the parties' child, which had been determined under the *Child Support (Registration and Collection) Act 1988* (Cth). The mother, Ms Hackney, opposed this application. The AAT was tasked with determining whether the existing percentages of care should be revoked.
The central legal issue before the AAT was whether there had been a change in the likely pattern of care for the child since the last assessment of the percentages of care. Specifically, the AAT had to assess if the father had demonstrated that the existing percentages no longer reflected the actual or likely future care arrangements for the child.
The Tribunal found that the evidence did not establish a significant or lasting change in the pattern of care. The father's submissions did not demonstrate that the child's living arrangements had altered in a way that would justify revoking the existing percentages. Consequently, the AAT concluded that the decision under review, which refused to revoke the existing percentages of care, was not affected by an error of law or fact. The AAT set aside the decision under review and substituted a new decision that the application to revoke the existing percentages of care be refused.
The central legal issue before the AAT was whether there had been a change in the likely pattern of care for the child since the last assessment of the percentages of care. Specifically, the AAT had to assess if the father had demonstrated that the existing percentages no longer reflected the actual or likely future care arrangements for the child.
The Tribunal found that the evidence did not establish a significant or lasting change in the pattern of care. The father's submissions did not demonstrate that the child's living arrangements had altered in a way that would justify revoking the existing percentages. Consequently, the AAT concluded that the decision under review, which refused to revoke the existing percentages of care, was not affected by an error of law or fact. The AAT set aside the decision under review and substituted a new decision that the application to revoke the existing percentages of care be refused.
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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Judicial Review
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Procedural Fairness
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Statutory Construction
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Remedies
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