Mair and Mair (Child support)

Case

[2018] AATA 4894

26 October 2018


Details
AGLC Case Decision Date
Mair and Mair (Child support) [2018] AATA 4894 [2018] AATA 4894 26 October 2018

CaseChat Overview and Summary

This matter concerned an appeal to the Administrative Appeals Tribunal (AAT) by the father, Mr Mair, against a decision of the Child Support Registrar. The dispute centred on the percentage of care arrangements for the parties' two children, with the Registrar having revoked existing percentage of care determinations and made new ones. The mother, Mrs Mair, was the respondent.

The Tribunal was required to determine whether there had been a change to the likely pattern of care of the children, and if so, whether the existing percentage of care determinations should be revoked and new determinations made. The core of the dispute was whether the father's asserted increase in care constituted a significant and ongoing change to the established pattern of care.

The Tribunal considered the evidence presented by both parties regarding the actual care arrangements for the children. It applied the principles of the *Child Support (Registration and Collection) Act 1988* (Cth), specifically focusing on the criteria for revoking and making new percentage of care determinations. The Tribunal found that the father had not demonstrated a sufficient and sustained change in the pattern of care to warrant the revocation of the existing determinations and the making of new ones. The Registrar's decision was affirmed.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Judicial Review

  • Procedural Fairness

  • Statutory Construction

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