McCoskey and Eckersely (Child support)

Case

[2018] AATA 1240

23 March 2018


Details
AGLC Case Decision Date
McCoskey and Eckersely (Child support) [2018] AATA 1240 [2018] AATA 1240 23 March 2018

CaseChat Overview and Summary

The case of McCoskey and Eckersley concerned a dispute over child support percentages of care. The decision under review was made by the Child Support Registrar. The parties involved were the applicant, McCoskey, and the respondent, Eckersley.

The primary legal issue before the court was whether the Child Support Registrar had erred in determining the percentages of care for the subject child. Specifically, the court had to consider whether there had been a change in the likely pattern of care since the last assessment, and if so, whether that change warranted a reassessment of the care percentages.

Justice Cuthbert affirmed the decision of the Child Support Registrar. The court found that there was no evidence to suggest a significant or lasting change in the likely pattern of care for the child. The Registrar’s decision was based on the information available at the time, and the court was satisfied that the Registrar had correctly applied the relevant provisions of the Child Support (Registration and Collection) Act 1988. The court concluded that the existing percentages of care remained appropriate.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Judicial Review

  • Statutory Construction

  • Procedural Fairness

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0