Mayo and Leckner (Child support)
Case
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[2020] AATA 1749
•21 April 2020
Details
AGLC
Case
Decision Date
Mayo and Leckner (Child support) [2020] AATA 1749
[2020] AATA 1749
21 April 2020
CaseChat Overview and Summary
This matter concerned an appeal by Mayo and Leckner regarding determinations made by the Child Support Registrar concerning the percentage of care each party had for their child. The dispute centred on whether there had been a change to the likely pattern of care for the child, which would necessitate a review and potential alteration of the existing percentage of care determinations. The appeal was heard by Ms Hamilton-Noy, Member.
The primary legal issue before the Member was to determine whether the Registrar had erred in revoking the existing percentage of care determinations and in making new determinations. This required the Member to assess whether the evidence presented demonstrated a change in the likely pattern of care for the child, and if so, to determine the correct new percentages of care that reflected this change.
The Member considered the evidence regarding the actual care arrangements and the likely future care arrangements for the child. The Member applied the principles of the *Child Support (Registration and Collection) Act 1988* (Cth) concerning changes to the pattern of care. The Member found that there had been a material change to the likely pattern of care and that the Registrar's decision to revoke the existing percentages and make new determinations was correct. The Member affirmed the decision under review.
The primary legal issue before the Member was to determine whether the Registrar had erred in revoking the existing percentage of care determinations and in making new determinations. This required the Member to assess whether the evidence presented demonstrated a change in the likely pattern of care for the child, and if so, to determine the correct new percentages of care that reflected this change.
The Member considered the evidence regarding the actual care arrangements and the likely future care arrangements for the child. The Member applied the principles of the *Child Support (Registration and Collection) Act 1988* (Cth) concerning changes to the pattern of care. The Member found that there had been a material change to the likely pattern of care and that the Registrar's decision to revoke the existing percentages and make new determinations was correct. The Member affirmed the decision under review.
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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Jurisdiction
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Statutory Construction
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Judicial Review
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Procedural Fairness
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