Kinchen and Primrose (Child support)

Case

[2023] AATA 845

9 February 2023


Details
AGLC Case Decision Date
Kinchen and Primrose (Child support) [2023] AATA 845 [2023] AATA 845 9 February 2023

CaseChat Overview and Summary

The case of *Kinchen and Primrose* concerned a dispute over the percentage of care arrangements for a child. The applicant sought to have existing percentage of care determinations revoked and new determinations made. The matter came before the court for review of a decision made by the Child Support Registrar.

The primary legal issue before the court was whether there had been a change to the likely pattern of care for the child, which would justify revoking the existing percentage of care determinations and making new ones. The court was required to assess the evidence presented regarding the actual and likely future care arrangements for the child.

In reaching its decision, the court considered the principles governing the assessment of percentage of care under the *Child Support (Registration and Collection) Act 1988*. The court found that the evidence demonstrated a significant and ongoing change in the pattern of care for the child, which warranted the revocation of the existing determinations. The court applied these findings to substitute new percentage of care determinations.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Judicial Review

  • Procedural Fairness

  • Statutory Construction

  • Remedies

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