Mabb and Child Support Registrar (Child support)

Case

[2019] AATA 2527

11 June 2019


Details
AGLC Case Decision Date
Mabb and Child Support Registrar (Child support) [2019] AATA 2527 [2019] AATA 2527 11 June 2019

CaseChat Overview and Summary

The Administrative Appeals Tribunal (AAT) considered the matter of Mabb and the Child Support Registrar. The dispute concerned whether there had been a change to the likely pattern of care for a child, which would necessitate the revocation of existing percentage of care determinations and the making of new ones. The applicant sought to have the existing determinations revoked and new ones made, arguing that the child was now living with their grandparent.

The primary legal issue before the Tribunal was to determine whether the circumstances constituted a "change to the likely pattern of care" as contemplated by the relevant provisions of the *Child Support (Registration and Collection) Act 1988*. This involved assessing whether the child's living arrangements had altered to such an extent that the previous percentage of care determinations were no longer accurate or reflective of the reality of the child's care.

The Tribunal affirmed the decision under review, finding that the evidence did not support a conclusion that there had been a change to the likely pattern of care that would warrant the revocation of the existing determinations. The Tribunal applied the principles governing the assessment of care arrangements under the *Child Support (Registration and Collection) Act 1988*, focusing on the factual circumstances of the child's residence and the practicalities of the care provided. The Tribunal concluded that the existing percentage of care determinations remained appropriate.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Judicial Review

  • Procedural Fairness

  • Statutory Construction

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