Kendrick and Dunajski (Child support)
Case
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[2019] AATA 3839
•17 June 2019
Details
AGLC
Case
Decision Date
Kendrick and Dunajski (Child support) [2019] AATA 3839
[2019] AATA 3839
17 June 2019
CaseChat Overview and Summary
The case of Kendrick and Dunajski concerned a dispute regarding the percentage of care arrangements for a child. The matter came before the court for review of a previous decision.
The primary legal issue before the court was whether the existing percentage of care determinations should be revoked. This involved an assessment of whether there had been any change to the likely pattern of care for the child.
The court reasoned that the existing percentage of care determinations should not be revoked in the absence of a change to the likely pattern of care. The court applied the principle that such determinations are made based on the established care arrangements and should only be altered if there is a demonstrable shift in those arrangements. The decision under review was therefore set aside and substituted.
The primary legal issue before the court was whether the existing percentage of care determinations should be revoked. This involved an assessment of whether there had been any change to the likely pattern of care for the child.
The court reasoned that the existing percentage of care determinations should not be revoked in the absence of a change to the likely pattern of care. The court applied the principle that such determinations are made based on the established care arrangements and should only be altered if there is a demonstrable shift in those arrangements. The decision under review was therefore set aside and substituted.
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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Remedies
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