Jessop and Wilmut (Child support)

Case

[2023] AATA 2933

26 July 2023


Details
AGLC Case Decision Date
Jessop and Wilmut (Child support) [2023] AATA 2933 [2023] AATA 2933 26 July 2023

CaseChat Overview and Summary

The Administrative Appeals Tribunal (AAT) considered the dispute between Jessop and Wilmut concerning the percentage of care for their child. The core of the disagreement revolved around whether there had been a change to the likely pattern of care, which would necessitate a review and potential alteration of existing child support percentage of care determinations.

The Tribunal was required to determine whether the circumstances warranted the revocation of existing percentage of care determinations and the making of new ones. This involved assessing whether the factual circumstances presented demonstrated a significant and likely ongoing shift in the established care arrangements for the child.

In reaching its decision, the Tribunal applied the principles governing the assessment of percentage of care under the relevant legislation. It considered the evidence presented by both parties regarding the actual and anticipated care arrangements. The Tribunal found that the evidence supported a change in the likely pattern of care, leading it to revoke the existing determinations and make new ones that reflected the altered circumstances. The Tribunal affirmed these new determinations.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Judicial Review

  • Statutory Construction

  • Procedural Fairness

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