Hee and Wasim (Child support)
Case
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[2019] AATA 6618
•9 December 2019
Details
AGLC
Case
Decision Date
Hee and Wasim (Child support) [2019] AATA 6618
[2019] AATA 6618
9 December 2019
CaseChat Overview and Summary
The Administrative Appeals Tribunal (AAT) considered the dispute between Hee and Wasim concerning the percentage of care for their child. The applicant, Hee, sought to have the existing percentage of care determinations revoked and new determinations made, arguing there had been a change to the likely pattern of care.
The Tribunal was required to determine whether there had been a material change in the likely pattern of care for the child since the last assessment, and if so, whether to revoke the existing percentage of care determinations and make new ones.
The Tribunal found that the evidence presented demonstrated a significant and ongoing change in the child's living arrangements, which constituted a change to the likely pattern of care. Applying the principles of the *Child Support (Registration and Collection) Act 1988*, the Tribunal concluded that the existing determinations were no longer reflective of the actual care arrangements. Consequently, the Tribunal set aside the decision under review and substituted it with new percentage of care determinations.
The Tribunal was required to determine whether there had been a material change in the likely pattern of care for the child since the last assessment, and if so, whether to revoke the existing percentage of care determinations and make new ones.
The Tribunal found that the evidence presented demonstrated a significant and ongoing change in the child's living arrangements, which constituted a change to the likely pattern of care. Applying the principles of the *Child Support (Registration and Collection) Act 1988*, the Tribunal concluded that the existing determinations were no longer reflective of the actual care arrangements. Consequently, the Tribunal set aside the decision under review and substituted it with new percentage of care determinations.
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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Procedural Fairness
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Statutory Construction
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Remedies
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