Horowitz and Alessandri (Child support)

Case

[2020] AATA 4396

24 July 2020


Details
AGLC Case Decision Date
Horowitz and Alessandri (Child support) [2020] AATA 4396 [2020] AATA 4396 24 July 2020

CaseChat Overview and Summary

The matter of *Horowitz and Alessandri* concerned applications for review of decisions made by the Child Support Registrar regarding the percentage of care arrangements for a child. The applicants sought to alter the existing percentage of care determinations, with one applicant also seeking to have an objection lodged out of time considered. The review was heard by Member S Letch of the Administrative Appeals Tribunal.

The Tribunal was required to determine whether there had been a change to the likely pattern of care for the child, which would necessitate the revocation of existing percentage of care determinations and the making of new ones. Additionally, the Tribunal had to consider whether the date of effect for any new determinations should be varied from the date of the Registrar's decision. Finally, the Tribunal was asked to determine if special circumstances existed that would permit an objection to be lodged outside the prescribed time limit.

In relation to the percentage of care, the Tribunal found that there had been a change to the likely pattern of care and that the Registrar's decision to revoke the existing determinations and make new ones was correct. However, the Tribunal varied the decision concerning the date of effect for these new determinations. Regarding the late objection, the Tribunal concluded that no special circumstances were present to justify accepting the objection outside the statutory timeframe, and therefore, no determination could be made on that aspect.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Statutory Construction

  • Appeal

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