Kerbach and Trustram (Child support)
Case
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[2022] AATA 3084
•22 June 2022
Details
AGLC
Case
Decision Date
Kerbach and Trustram (Child support) [2022] AATA 3084
[2022] AATA 3084
22 June 2022
CaseChat Overview and Summary
The Administrative Appeals Tribunal (AAT) considered the dispute between Kerbach and Trustram concerning the percentage of care for their child. The applicants 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 the evidence established a change to the likely pattern of care for the child, and if so, whether the existing percentage of care determinations should be revoked and new ones made.
The Tribunal affirmed the decision under review. It found that the evidence did not demonstrate a sufficient change to the likely pattern of care that would warrant revoking the existing determinations and making new ones. The existing arrangements were considered to reflect the actual and likely future care arrangements for the child.
The Tribunal was required to determine whether the evidence established a change to the likely pattern of care for the child, and if so, whether the existing percentage of care determinations should be revoked and new ones made.
The Tribunal affirmed the decision under review. It found that the evidence did not demonstrate a sufficient change to the likely pattern of care that would warrant revoking the existing determinations and making new ones. The existing arrangements were considered to reflect the actual and likely future care arrangements for the child.
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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Judicial Review
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Statutory Construction
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Jurisdiction
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Procedural Fairness
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