Minhinnick and Minhinnick (Child support)

Case

[2021] AATA 1534

21 April 2021


Details
AGLC Case Decision Date
Minhinnick and Minhinnick (Child support) [2021] AATA 1534 [2021] AATA 1534 21 April 2021

CaseChat Overview and Summary

The Administrative Appeals Tribunal (AAT) considered an application by the applicant, Minhinnick, concerning a child support assessment. The dispute centred on the percentage of care attributed to each parent, with the applicant seeking to alter the existing determinations. The AAT was tasked with reviewing decisions made by the Child Support Registrar regarding the percentage of care arrangements for the subject child.

The primary legal issues before the Tribunal were whether there had been a change to the likely pattern of care for the child, and consequently, whether existing percentage of care determinations should be revoked and new ones made. Additionally, the Tribunal had to determine if there were special circumstances that would permit the applicant's late objection to be considered, despite it being lodged outside the statutory timeframe.

The Tribunal found that no special circumstances existed that prevented the applicant from lodging their objection within the prescribed period. Consequently, the Tribunal affirmed the decisions under review, meaning the existing percentage of care determinations remained in place. The Tribunal did not make new determinations for the percentage of care, nor did it revoke the existing ones, as the objection was not considered in time.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Statutory Construction

  • Appeal

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