Marson and Child Support Registrar (Child support)
Case
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[2018] AATA 4149
•6 September 2018
Details
AGLC
Case
Decision Date
Marson and Child Support Registrar (Child support) [2018] AATA 4149
[2018] AATA 4149
6 September 2018
CaseChat Overview and Summary
This matter concerned an appeal by Marson against a decision of the Child Support Registrar. The Registrar had revoked an existing determination of the percentage of care for the parties' child and made a new determination. Marson sought a review of this decision.
The primary legal issues before the court were whether the Registrar erred in revoking the existing percentage of care determination and making a new one, and whether Marson had established special circumstances to permit a late application for review of the Registrar's decision not to make a determination under subsection 95N(2) of the *Child Support (Registration and Collection) Act 1988*.
The court considered the evidence regarding the likely pattern of care for the child. It was found that the Registrar had not erred in revoking the existing determination and making a new one, as the evidence supported a change in the likely pattern of care. Furthermore, the court determined that Marson had not demonstrated special circumstances that would justify accepting the late application for review under subsection 95N(2).
The appeal was dismissed.
The primary legal issues before the court were whether the Registrar erred in revoking the existing percentage of care determination and making a new one, and whether Marson had established special circumstances to permit a late application for review of the Registrar's decision not to make a determination under subsection 95N(2) of the *Child Support (Registration and Collection) Act 1988*.
The court considered the evidence regarding the likely pattern of care for the child. It was found that the Registrar had not erred in revoking the existing determination and making a new one, as the evidence supported a change in the likely pattern of care. Furthermore, the court determined that Marson had not demonstrated special circumstances that would justify accepting the late application for review under subsection 95N(2).
The appeal was dismissed.
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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Judicial Review
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Procedural Fairness
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Statutory Construction
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Appeal
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