McGann and Mirams (Child support)
Case
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[2023] AATA 1043
•20 March 2023
Details
AGLC
Case
Decision Date
McGann and Mirams (Child support) [2023] AATA 1043
[2023] AATA 1043
20 March 2023
CaseChat Overview and Summary
The Administrative Appeals Tribunal (AAT) considered the dispute between McGann and Mirams concerning the percentage of care arrangements for their child. The applicant, McGann, sought to have the existing percentage of care determinations revoked and new determinations made, arguing there had been a change to the likely pattern of care.
The Tribunal was required to determine whether there had been a material change in the likely pattern of care for the child since the last assessment. Specifically, the AAT had to assess if the evidence presented demonstrated a shift in the child's living arrangements that would justify altering the established care percentages.
The Tribunal found that the evidence presented by McGann established a significant and likely ongoing change in the pattern of care. Applying the principles under the *Child Support (Registration and Collection) Act 1988*, the AAT concluded that the existing determinations were no longer reflective of the actual care arrangements. Consequently, the Tribunal set aside the previous decisions and substituted new determinations for the percentage of care.
The Tribunal was required to determine whether there had been a material change in the likely pattern of care for the child since the last assessment. Specifically, the AAT had to assess if the evidence presented demonstrated a shift in the child's living arrangements that would justify altering the established care percentages.
The Tribunal found that the evidence presented by McGann established a significant and likely ongoing change in the pattern of care. Applying the principles under the *Child Support (Registration and Collection) Act 1988*, the AAT concluded that the existing determinations were no longer reflective of the actual care arrangements. Consequently, the Tribunal set aside the previous decisions and substituted new determinations for the percentage of care.
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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Procedural Fairness
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Statutory Construction
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