Hershey and Hershey (Child support)
Case
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[2021] AATA 3609
•18 August 2021
Details
AGLC
Case
Decision Date
Hershey and Hershey (Child support) [2021] AATA 3609
[2021] AATA 3609
18 August 2021
CaseChat Overview and Summary
The matter of *Hershey and Hershey* concerned an appeal to the Administrative Appeals Tribunal regarding a decision made by the Child Support Registrar. The dispute centred on the percentage of care attributed to each parent for their child, with the Registrar having revoked existing percentage of care determinations and made new ones. The applicant, Mr Hershey, sought to have these new determinations set aside.
The primary legal issue before the Tribunal was whether there had been a change to the likely pattern of care of the child that would justify the revocation of existing percentage of care determinations and the making of new ones. This required the Tribunal to assess the evidence presented regarding the actual care arrangements for the child and to determine if these arrangements constituted a "change" in the "likely pattern of care" as contemplated by the relevant legislation.
The Tribunal considered the evidence and found that the Registrar had correctly identified a change in the likely pattern of care. The Tribunal affirmed the Registrar's decision, concluding that the new percentage of care determinations accurately reflected the current care arrangements for the child. Consequently, the appeal was dismissed.
The primary legal issue before the Tribunal was whether there had been a change to the likely pattern of care of the child that would justify the revocation of existing percentage of care determinations and the making of new ones. This required the Tribunal to assess the evidence presented regarding the actual care arrangements for the child and to determine if these arrangements constituted a "change" in the "likely pattern of care" as contemplated by the relevant legislation.
The Tribunal considered the evidence and found that the Registrar had correctly identified a change in the likely pattern of care. The Tribunal affirmed the Registrar's decision, concluding that the new percentage of care determinations accurately reflected the current care arrangements for the child. Consequently, the appeal was dismissed.
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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Statutory Construction
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Procedural Fairness
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