Jordan and Jenkin (Child support)
Case
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[2019] AATA 1744
•15 May 2019
Details
AGLC
Case
Decision Date
Jordan and Jenkin (Child support) [2019] AATA 1744
[2019] AATA 1744
15 May 2019
CaseChat Overview and Summary
The Administrative Appeals Tribunal (AAT) considered the dispute between Jordan and Jenkin concerning the percentage of care for their child. The applicant, Jordan, sought to have existing percentage of care determinations revoked and new determinations made, arguing there had been a change to the likely pattern of care.
The Tribunal was required to determine whether there had been a material change in the likely pattern of care for the child since the last assessment. This involved assessing whether the proposed new care arrangements were likely to be maintained and whether they constituted a significant departure from the existing arrangements.
The Tribunal affirmed the decision under review, finding that the evidence did not establish a sufficient change in the likely pattern of care to warrant revoking the existing determinations and making new ones. The Tribunal applied the principles governing the assessment of percentage of care, focusing on the likelihood of future care arrangements rather than past or temporary changes.
The Tribunal was required to determine whether there had been a material change in the likely pattern of care for the child since the last assessment. This involved assessing whether the proposed new care arrangements were likely to be maintained and whether they constituted a significant departure from the existing arrangements.
The Tribunal affirmed the decision under review, finding that the evidence did not establish a sufficient change in the likely pattern of care to warrant revoking the existing determinations and making new ones. The Tribunal applied the principles governing the assessment of percentage of care, focusing on the likelihood of future care arrangements rather than past or temporary changes.
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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Most Recent Citation
Child Support Registrar v BKCZ [2023] FCA 1109
Cases Cited
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Statutory Material Cited
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