Harenc and Glancey (Child support)

Case

[2021] AATA 2434

8 June 2021


Details
AGLC Case Decision Date
Harenc and Glancey (Child support) [2021] AATA 2434 [2021] AATA 2434 8 June 2021

CaseChat Overview and Summary

This matter concerned an appeal by the father, Mr Harenc, 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 revoking existing percentage of care determinations and making new ones. The appeal was heard by the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the Registrar’s decision to revoke the existing percentage of care determinations and make new ones was justified. Specifically, the Tribunal had to consider whether the evidence established a change in the likely pattern of care for the child, and if so, whether the new percentage of care determinations accurately reflected that change.

The Tribunal affirmed the Registrar's decision, finding that there had been a significant change in the likely pattern of care for the child. The Tribunal considered the evidence presented by both parties regarding the child's living arrangements and concluded that the existing percentage of care determinations no longer accurately reflected the reality of the child's care. The Tribunal applied the principles of the *Child Support (Registration and Collection) Act 1988* concerning changes to the pattern of care, emphasising the need for determinations to reflect the actual and likely future care arrangements.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Judicial Review

  • Statutory Construction

  • Procedural Fairness

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