Lamberth and Lamberth (Child support)

Case

[2021] AATA 995

16 February 2021


Details
AGLC Case Decision Date
Lamberth and Lamberth (Child support) [2021] AATA 995 [2021] AATA 995 16 February 2021

CaseChat Overview and Summary

The Administrative Appeals Tribunal (AAT) considered the dispute between Lamberth and Lamberth concerning child support. The core of the disagreement revolved around the percentage of care arrangements for the child, with the applicant seeking to revoke existing determinations and have new ones made.

The Tribunal was required to determine whether there had been a change to the likely pattern of care that would justify new percentage of care determinations. Additionally, the Tribunal had to consider whether there were special circumstances that prevented the applicant from lodging their application for review within the prescribed time limits.

In its reasoning, the Tribunal found that the evidence did not establish a change to the likely pattern of care. Consequently, the existing percentage of care determinations were upheld. The Tribunal also concluded that no special circumstances existed that would warrant an extension of time for the lodging of the application for review. The decision under review was therefore set aside and substituted with the Tribunal's own findings.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Appeal

  • Limitation Periods

  • Statutory Construction

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