Munster and Jolley (Child support)
Case
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[2019] AATA 3855
•23 July 2019
Details
AGLC
Case
Decision Date
Munster and Jolley (Child support) [2019] AATA 3855
[2019] AATA 3855
23 July 2019
CaseChat Overview and Summary
The Administrative Appeals Tribunal (AAT) considered the dispute between Munster and Jolley concerning the percentage of care arrangements for their child. The applicant, Munster, sought to have the existing percentage of care determinations revoked and new determinations made, arguing that there had been a change to the likely pattern of care. Jolley opposed this application.
The Tribunal was required to determine whether a change to the likely pattern of care had occurred, and if so, whether special circumstances existed that warranted revoking the existing determinations and making new ones. The Tribunal also had to consider whether the care arrangements previously in place had not been complied with.
The Tribunal found that the care arrangement previously in place had not been complied with. It further determined that special circumstances existed, justifying the revocation of the existing percentage of care determinations. The Tribunal concluded that a single percentage of care should be determined for the child.
Consequently, the Tribunal set aside the decision under review and substituted it with its own decision, determining a single percentage of care for the child.
The Tribunal was required to determine whether a change to the likely pattern of care had occurred, and if so, whether special circumstances existed that warranted revoking the existing determinations and making new ones. The Tribunal also had to consider whether the care arrangements previously in place had not been complied with.
The Tribunal found that the care arrangement previously in place had not been complied with. It further determined that special circumstances existed, justifying the revocation of the existing percentage of care determinations. The Tribunal concluded that a single percentage of care should be determined for the child.
Consequently, the Tribunal set aside the decision under review and substituted it with its own decision, determining a single percentage of care for the child.
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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Remedies
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