Harenc and Glancey (Child support)

Case

[2021] AATA 2750

8 June 2021


Details
AGLC Case Decision Date
Harenc and Glancey (Child support) [2021] AATA 2750 [2021] AATA 2750 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 correct. 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 reviewed the evidence presented by both parties regarding the care arrangements for the child. It applied the principles of the *Child Support (Registration and Collection) Act 1988*, which allow for the revocation and substitution of percentage of care determinations where there has been a change in the likely pattern of care. The Tribunal found that the evidence demonstrated a significant and ongoing change in the child's living arrangements, justifying the revocation of the previous determinations. The Tribunal then made new percentage of care determinations based on its assessment of the current care arrangements.

The Tribunal set aside the decision under review and substituted it with its own decision, making new percentage of care determinations.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Judicial Review

  • Statutory Construction

  • Procedural Fairness

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