Launchbury and Forstater (Child support)
Case
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[2021] AATA 5185
•9 December 2021
Details
AGLC
Case
Decision Date
Launchbury and Forstater (Child support) [2021] AATA 5185
[2021] AATA 5185
9 December 2021
CaseChat Overview and Summary
The matter of *Launchbury and Forstater* concerned a dispute regarding the percentage of care for a child. The applicant sought to have the existing percentage of care determinations revoked and new determinations made. The court was required to consider whether there had been a change to the likely pattern of care.
The central legal issue before the court was the application of the relevant legislation to the revocation of existing percentage of care determinations. Specifically, the court had to determine whether the repealed legislation should apply in relation to the dates of revocation, or if the current legislation should govern.
The court reasoned that the repealed legislation was the appropriate framework to apply in this instance. Consequently, the court found that the decision under review should be set aside and substituted with new determinations made under the repealed legislation. The court made new percentage of care determinations.
The central legal issue before the court was the application of the relevant legislation to the revocation of existing percentage of care determinations. Specifically, the court had to determine whether the repealed legislation should apply in relation to the dates of revocation, or if the current legislation should govern.
The court reasoned that the repealed legislation was the appropriate framework to apply in this instance. Consequently, the court found that the decision under review should be set aside and substituted with new determinations made under the repealed legislation. The court made new 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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Appeal
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Jurisdiction
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Procedural Fairness
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