Henderson and Willis (Child support)
Case
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[2019] AATA 5123
•8 October 2019
Details
AGLC
Case
Decision Date
Henderson and Willis (Child support) [2019] AATA 5123
[2019] AATA 5123
8 October 2019
CaseChat Overview and Summary
The Administrative Appeals Tribunal considered an appeal by Henderson and Willis concerning a dispute over the percentage of care arrangements for their child. The applicants sought to revoke existing percentage of care determinations made under the *Child Support (Registration and Collection) Act 1988*.
The primary legal issue before the Tribunal was whether there had been a change to the likely pattern of care for the child that would warrant a revocation of the existing percentage of care determinations. The Tribunal was required to assess the evidence presented by the parties to determine if the established care arrangements had altered in a way that justified a new determination.
The Tribunal found that the evidence did not demonstrate 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 percentage of care determinations remained appropriate. Consequently, the Tribunal set aside the previous decision and substituted its own decision, refusing to revoke the existing percentage of care determinations.
The primary legal issue before the Tribunal was whether there had been a change to the likely pattern of care for the child that would warrant a revocation of the existing percentage of care determinations. The Tribunal was required to assess the evidence presented by the parties to determine if the established care arrangements had altered in a way that justified a new determination.
The Tribunal found that the evidence did not demonstrate 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 percentage of care determinations remained appropriate. Consequently, the Tribunal set aside the previous decision and substituted its own decision, refusing to revoke the existing 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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Appeal
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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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