Matheson and Mendy (Child support)
Case
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[2020] AATA 4409
•19 August 2020
Details
AGLC
Case
Decision Date
Matheson and Mendy (Child support) [2020] AATA 4409
[2020] AATA 4409
19 August 2020
CaseChat Overview and Summary
The matter of *Matheson and Mendy* concerned an appeal to the Administrative Appeals Tribunal regarding a child support assessment. The dispute centred on the percentage of care arrangements for the subject child, with the applicant seeking to have existing determinations revoked and new ones made, alleging a change to 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, to make new percentage of care determinations and specify the date from which any such change should take effect.
The Tribunal considered the evidence presented regarding the care arrangements and applied the principles of the *Child Support (Registration and Collection) Act 1988* (Cth) and relevant case law concerning changes to the pattern of care. The Tribunal found that a change in the likely pattern of care had occurred and that the existing determinations should be set aside and substituted with new ones.
The Tribunal ordered that the decision under review be set aside and substituted with a new decision, making specific percentage of care determinations and specifying the date from which these new determinations were to take effect.
The Tribunal was required to determine whether there had been a change to the likely pattern of care for the child and, if so, to make new percentage of care determinations and specify the date from which any such change should take effect.
The Tribunal considered the evidence presented regarding the care arrangements and applied the principles of the *Child Support (Registration and Collection) Act 1988* (Cth) and relevant case law concerning changes to the pattern of care. The Tribunal found that a change in the likely pattern of care had occurred and that the existing determinations should be set aside and substituted with new ones.
The Tribunal ordered that the decision under review be set aside and substituted with a new decision, making specific percentage of care determinations and specifying the date from which these new determinations were to take effect.
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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Appeal
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Jurisdiction
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Procedural Fairness
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Statutory Construction
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Judicial Review
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