McMillan and Farrow (Child support)

Case

[2023] AATA 273

6 February 2023


Details
AGLC Case Decision Date
McMillan and Farrow (Child support) [2023] AATA 273 [2023] AATA 273 6 February 2023

CaseChat Overview and Summary

The Administrative Appeals Tribunal considered an application by McMillan (the applicant) concerning child support assessments for his two children. The applicant sought to revoke existing percentage of care determinations and have new determinations made, arguing that there had been a change to the likely pattern of care for the children. Farrow (the respondent) opposed this application.

The Tribunal was required to determine whether there had been a change to the likely pattern of care for the children since the existing percentage of care determinations were made. Specifically, the Tribunal had to assess if the applicant's circumstances, as presented, constituted a sufficient alteration to warrant a review and potential revocation of the current care percentages.

In reaching its decision, the Tribunal applied the principles of the *Child Support (Registration and Collection) Act 1988* (Cth) concerning changes to the likely pattern of care. The Tribunal found that the evidence presented by the applicant did not demonstrate a significant or lasting change to the established pattern of care that would justify revoking the existing determinations. The Tribunal concluded that the existing percentages of care accurately reflected the likely future care arrangements for the children.

Consequently, the Tribunal affirmed the decision to refuse to revoke the existing percentage of care determinations.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Judicial Review

  • Statutory Construction

  • Procedural Fairness

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