Lalla and Amando (Child support)
Case
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[2020] AATA 5017
•23 September 2020
Details
AGLC
Case
Decision Date
Lalla and Amando (Child support) [2020] AATA 5017
[2020] AATA 5017
23 September 2020
CaseChat Overview and Summary
The Administrative Appeals Tribunal (AAT) considered the dispute between Lalla and Amando concerning the percentage of care arrangements for their child. The primary issue was whether there had been a change to the likely pattern of care that would justify revoking existing percentage of care determinations and making new ones.
The Tribunal was required to determine whether the existing percentage of care determinations were correctly revoked and if new determinations should be made based on the evidence presented. This involved assessing whether the factual circumstances had altered sufficiently to warrant a change in the child support assessment.
The Tribunal affirmed the decision under review, finding that the existing percentage of care determinations had been correctly revoked. This suggests that the Tribunal was satisfied that a material change in the likely pattern of care had occurred, justifying the making of new determinations. The legal principle applied would have been the relevant provisions of the *Child Support (Registration and Collection) Act 1988* governing changes to care arrangements and the making of percentage of care determinations.
The Tribunal was required to determine whether the existing percentage of care determinations were correctly revoked and if new determinations should be made based on the evidence presented. This involved assessing whether the factual circumstances had altered sufficiently to warrant a change in the child support assessment.
The Tribunal affirmed the decision under review, finding that the existing percentage of care determinations had been correctly revoked. This suggests that the Tribunal was satisfied that a material change in the likely pattern of care had occurred, justifying the making of new determinations. The legal principle applied would have been the relevant provisions of the *Child Support (Registration and Collection) Act 1988* governing changes to care arrangements and the making of percentage of care determinations.
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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Statutory Construction
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Judicial Review
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Jurisdiction
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Procedural Fairness
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