Lind and Child Support Registrar (Child support)

Case

[2021] AATA 4786

3 November 2021


Details
AGLC Case Decision Date
Lind and Child Support Registrar (Child support) [2021] AATA 4786 [2021] AATA 4786 3 November 2021

CaseChat Overview and Summary

The Administrative Appeals Tribunal considered the dispute between Lind and the Child Support Registrar concerning the percentage of care arrangements for a child. Lind sought to have the existing percentage of care determinations revoked, arguing that there had been a change to the likely pattern of care.

The Tribunal was required to determine whether the evidence presented established a change to the likely pattern of care for the child. Specifically, the Tribunal had to assess if the circumstances had altered sufficiently to warrant a revocation of the existing percentage of care determinations made under the *Child Support (Registration and Collection) Act 1988*.

The Tribunal found that the evidence did not demonstrate a change to the likely pattern of care that would justify revoking the existing determinations. Applying the principles of the *Child Support (Registration and Collection) Act 1988*, the Tribunal concluded that the existing arrangements should remain in place. Consequently, the decision under review was set aside and substituted with a new decision refusing to revoke the existing percentage of care determinations.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Judicial Review

  • Statutory Construction

  • Procedural Fairness

  • Remedies

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