McKeand and Meale (Child support)

Case

[2022] AATA 4679

17 November 2022


Details
AGLC Case Decision Date
McKeand and Meale (Child support) [2022] AATA 4679 [2022] AATA 4679 17 November 2022

CaseChat Overview and Summary

The case of *McKeand and Meale* concerned a dispute over the percentage of care arrangements for a child. The applicant, McKeand, sought to have the existing child support percentage of care determinations revoked and new determinations made. The respondent, Meale, opposed this application. The matter came before the court for review of a decision made by the Child Support Registrar.

The primary legal issue before the court was whether there had been a change to the likely pattern of care for the child that would justify revoking the existing percentage of care determinations and making new ones. The court was required to consider the evidence presented by both parties regarding the actual care arrangements and the likelihood of those arrangements continuing.

The court found that the existing percentage of care determinations were no longer accurate due to a significant and ongoing change in the pattern of care. The court applied the principles of the *Child Support (Registration and Collection) Act 1988* which allow for the revocation and substitution of percentage of care determinations where there has been a change in the likely pattern of care. The court determined that no interim period should apply, as the change in care was substantial and had been in place for a considerable duration.

The court set aside the decision under review and substituted it with new percentage of care determinations reflecting the changed circumstances.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Judicial Review

  • Statutory Construction

  • Procedural Fairness

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