Lawler and Dugan (Child support)

Case

[2023] AATA 1041

23 March 2023


Details
AGLC Case Decision Date
Lawler and Dugan (Child support) [2023] AATA 1041 [2023] AATA 1041 23 March 2023

CaseChat Overview and Summary

The Administrative Appeals Tribunal (AAT) considered the dispute between Lawler and Dugan concerning the percentage of care for their child. The applicant, Lawler, sought to have existing child support 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 there had been a change to the likely pattern of care for the child and, if so, the date from which any new percentage of care determination should take effect. The Tribunal also had to consider the implications of any such change on the existing child support arrangements.

The Tribunal affirmed the decision under review, finding that the evidence did not establish a change to the likely pattern of care that would warrant revoking the existing determinations. The Tribunal applied the principles governing changes to the pattern of care under the *Child Support (Registration and Collection) Act 1988*, focusing on whether the proposed change was likely to be substantial and ongoing. The Tribunal concluded that the circumstances presented did not meet the threshold for altering the established percentage of care.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Judicial Review

  • Statutory Construction

  • Procedural Fairness

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