McAdow and Thewes (Child support)
Case
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[2020] AATA 1757
•9 April 2020
Details
AGLC
Case
Decision Date
McAdow and Thewes (Child support) [2020] AATA 1757
[2020] AATA 1757
9 April 2020
CaseChat Overview and Summary
McAdow and Thewes concerned an appeal to the Administrative Appeals Tribunal (AAT) regarding a decision by the Child Support Registrar. The dispute centred on the Registrar's determination of the percentage of care provided by each parent to their child. The appellant, McAdow, sought to have the Registrar's decision reviewed and altered.
The primary legal issue before the AAT was whether there had been a change to the likely pattern of care for the child since the last percentage of care determination. This required the Tribunal to assess the evidence presented by both parties regarding the actual care arrangements and to determine if these arrangements constituted a significant and ongoing shift from the previously established pattern.
In reaching its decision, the Tribunal considered the evidence of both parents concerning the child's living arrangements and the practicalities of each parent's involvement in the child's daily care. The Tribunal applied the principles of the *Child Support (Registration and Collection) Act 1988* (Cth), focusing on the definition of "change to the likely pattern of care" and the evidentiary threshold required to establish such a change. The Tribunal found that the evidence demonstrated a significant and ongoing alteration in the pattern of care. Consequently, the Tribunal set aside the Registrar's decision and substituted it with new percentage of care determinations reflecting the revised care arrangements.
The primary legal issue before the AAT was whether there had been a change to the likely pattern of care for the child since the last percentage of care determination. This required the Tribunal to assess the evidence presented by both parties regarding the actual care arrangements and to determine if these arrangements constituted a significant and ongoing shift from the previously established pattern.
In reaching its decision, the Tribunal considered the evidence of both parents concerning the child's living arrangements and the practicalities of each parent's involvement in the child's daily care. The Tribunal applied the principles of the *Child Support (Registration and Collection) Act 1988* (Cth), focusing on the definition of "change to the likely pattern of care" and the evidentiary threshold required to establish such a change. The Tribunal found that the evidence demonstrated a significant and ongoing alteration in the pattern of care. Consequently, the Tribunal set aside the Registrar's decision and substituted it with new percentage of care determinations reflecting the revised care arrangements.
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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Judicial Review
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Statutory Construction
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Procedural Fairness
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