Natt and Deller (Child support)
Case
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[2022] AATA 732
•11 March 2022
Details
AGLC
Case
Decision Date
Natt and Deller (Child support) [2022] AATA 732
[2022] AATA 732
11 March 2022
CaseChat Overview and Summary
The case of *Natt and Deller* concerned a dispute over the percentage of care for a child, brought before the court for review. The applicant sought to alter the existing assessment of care, arguing that there had been a change to the likely pattern of care.
The primary legal issue before the court was whether the existing assessment of the percentage of care was still appropriate, specifically considering whether a change to the likely pattern of care had occurred. A further question arose as to whether daytime care should be considered when determining the percentage of care.
The court determined that it was appropriate to consider daytime care in its assessment. Applying the relevant principles of the *Child Support (Registration and Collection) Act 1988*, the court found that the decision under review was not sound. Consequently, the court set aside the original decision and substituted its own.
The primary legal issue before the court was whether the existing assessment of the percentage of care was still appropriate, specifically considering whether a change to the likely pattern of care had occurred. A further question arose as to whether daytime care should be considered when determining the percentage of care.
The court determined that it was appropriate to consider daytime care in its assessment. Applying the relevant principles of the *Child Support (Registration and Collection) Act 1988*, the court found that the decision under review was not sound. Consequently, the court set aside the original decision and substituted its own.
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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