McKenna and Broom (Child support)
Case
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[2024] AATA 380
•11 January 2024
Details
AGLC
Case
Decision Date
McKenna and Broom (Child support) [2024] AATA 380
[2024] AATA 380
11 January 2024
CaseChat Overview and Summary
The Administrative Appeals Tribunal (AAT) considered the dispute between McKenna and Broom concerning the percentage of care for their child. The applicant, McKenna, 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 circumstances warranted revoking the existing percentage of care determinations and making new ones.
The Tribunal found that the evidence presented demonstrated a significant and ongoing change in the child's living arrangements. Applying the principles of the *Child Support (Registration and Collection) Act 1988*, the AAT concluded that the existing percentage of care was no longer reflective of the actual care arrangements. Consequently, the Tribunal set aside the previous decision and substituted it with new percentage of care determinations.
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 circumstances warranted revoking the existing percentage of care determinations and making new ones.
The Tribunal found that the evidence presented demonstrated a significant and ongoing change in the child's living arrangements. Applying the principles of the *Child Support (Registration and Collection) Act 1988*, the AAT concluded that the existing percentage of care was no longer reflective of the actual care arrangements. Consequently, the Tribunal set aside the previous decision and substituted it with new percentage of care determinations.
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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Remedies
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