Massengill and Child Support Registrar (Child support)
Case
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[2021] AATA 2736
•13 May 2021
Details
AGLC
Case
Decision Date
Massengill and Child Support Registrar (Child support) [2021] AATA 2736
[2021] AATA 2736
13 May 2021
CaseChat Overview and Summary
This matter concerned an appeal to the Administrative Appeals Tribunal (AAT) by Massengill against a decision of the Child Support Registrar. The dispute centred on the percentage of care arrangements for the parties' child, with Massengill seeking to revoke existing determinations regarding the likely pattern of care.
The Tribunal was required to determine whether there had been a change to the likely pattern of care for the child, and if so, whether the existing percentage of care determinations should be revoked. Further, the Tribunal considered the Registrar's refusal to revoke the existing determinations and the date of effect for any potential changes, as well as whether special circumstances existed to permit a late objection.
The Tribunal found that there had been no change to the likely pattern of care and therefore refused to revoke the existing percentage of care determinations. However, the Tribunal found that special circumstances existed to allow Massengill's objection to be considered late. Consequently, the Tribunal set aside the Registrar's decision and substituted its own.
The Tribunal was required to determine whether there had been a change to the likely pattern of care for the child, and if so, whether the existing percentage of care determinations should be revoked. Further, the Tribunal considered the Registrar's refusal to revoke the existing determinations and the date of effect for any potential changes, as well as whether special circumstances existed to permit a late objection.
The Tribunal found that there had been no change to the likely pattern of care and therefore refused to revoke the existing percentage of care determinations. However, the Tribunal found that special circumstances existed to allow Massengill's objection to be considered late. Consequently, the Tribunal set aside the Registrar's decision and substituted its own.
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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Remedies
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