Heinrich and Bannerman (Child support)
Case
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[2020] AATA 2670
•11 June 2020
Details
AGLC
Case
Decision Date
Heinrich and Bannerman (Child support) [2020] AATA 2670
[2020] AATA 2670
11 June 2020
CaseChat Overview and Summary
The matter of *Heinrich and Bannerman* concerned an appeal to the court regarding a decision made under the *Child Support (Registration and Collection) Act 1988*. The central dispute revolved around the percentage of care attributed to each party for their child, specifically whether there had been a change to the likely pattern of care.
The court was required to determine whether the original decision-maker had erred in finding that a change to the likely pattern of care had not occurred, notwithstanding the child boarding away from home. This involved an assessment of the factual circumstances and their impact on the established care arrangements for the child.
The court affirmed the original decision, finding that the evidence did not establish a change to the likely pattern of care. The fact that the child was boarding away from home was considered within the context of the overall care arrangements and did not, in itself, constitute a material alteration to the established pattern of care as contemplated by the legislation.
The court was required to determine whether the original decision-maker had erred in finding that a change to the likely pattern of care had not occurred, notwithstanding the child boarding away from home. This involved an assessment of the factual circumstances and their impact on the established care arrangements for the child.
The court affirmed the original decision, finding that the evidence did not establish a change to the likely pattern of care. The fact that the child was boarding away from home was considered within the context of the overall care arrangements and did not, in itself, constitute a material alteration to the established pattern of care as contemplated by the legislation.
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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Appeal
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Jurisdiction
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Statutory Construction
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Judicial Review
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