Lynam and Sandriger (Child support)
Case
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[2020] AATA 265
•9 January 2020
Details
AGLC
Case
Decision Date
Lynam and Sandriger (Child support) [2020] AATA 265
[2020] AATA 265
9 January 2020
CaseChat Overview and Summary
The Administrative Appeals Tribunal (AAT) considered the dispute between Lynam and Sandriger concerning the percentage of care arrangements for a child. The applicant, Lynam, sought to have existing 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 material change in the likely pattern of care for the child since the last percentage of care determination was made. This involved assessing the evidence presented by both parties regarding the actual care arrangements and the future intentions of the parents.
The Tribunal found that the evidence demonstrated a significant and ongoing shift in the child's living arrangements, with the child spending substantially more time with the applicant than previously determined. Applying the principles of the *Child Support (Registration and Collection) Act 1988*, the Tribunal concluded that the existing percentage of care determinations no longer accurately reflected the likely pattern of care. Consequently, the Tribunal set aside the previous decisions and made new percentage of care determinations.
The Tribunal was required to determine whether there had been a material change in the likely pattern of care for the child since the last percentage of care determination was made. This involved assessing the evidence presented by both parties regarding the actual care arrangements and the future intentions of the parents.
The Tribunal found that the evidence demonstrated a significant and ongoing shift in the child's living arrangements, with the child spending substantially more time with the applicant than previously determined. Applying the principles of the *Child Support (Registration and Collection) Act 1988*, the Tribunal concluded that the existing percentage of care determinations no longer accurately reflected the likely pattern of care. Consequently, the Tribunal set aside the previous decisions and 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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Jurisdiction
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Judicial Review
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Procedural Fairness
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Remedies
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