Jackman and Harper (Child support)
Case
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[2020] AATA 2171
•28 May 2020
Details
AGLC
Case
Decision Date
Jackman and Harper (Child support) [2020] AATA 2171
[2020] AATA 2171
28 May 2020
CaseChat Overview and Summary
The Administrative Appeals Tribunal (AAT) considered an application by Jackman and Harper concerning a review of a child support percentage of care determination. The core of the dispute revolved around whether there had been a change to the likely pattern of care for the child, which would necessitate a revision of the existing percentage of care arrangements.
The Tribunal was required to determine whether the evidence presented demonstrated a material change in the child's living arrangements that justified revoking the existing percentage of care determinations and making new ones. This involved assessing the factual circumstances of the child's care and applying the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth).
The Tribunal found that the evidence established a significant and likely ongoing change to the pattern of care. Applying the principles of the Act, which permit a review and redetermination of care percentages when such changes occur, the Tribunal concluded that the existing determinations were no longer reflective of the reality of the child's care arrangements. Consequently, the Tribunal set aside the previous decision and substituted it with new percentage of care determinations.
The Tribunal was required to determine whether the evidence presented demonstrated a material change in the child's living arrangements that justified revoking the existing percentage of care determinations and making new ones. This involved assessing the factual circumstances of the child's care and applying the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth).
The Tribunal found that the evidence established a significant and likely ongoing change to the pattern of care. Applying the principles of the Act, which permit a review and redetermination of care percentages when such changes occur, the Tribunal concluded that the existing determinations were no longer reflective of the reality of the child's care arrangements. Consequently, the Tribunal set aside the previous decision 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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Appeal
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