Norris and Malegam (Child support)

Case

[2018] AATA 4466

19 October 2018


Details
AGLC Case Decision Date
Norris and Malegam (Child support) [2018] AATA 4466 [2018] AATA 4466 19 October 2018

CaseChat Overview and Summary

This matter concerned an application for review of decisions made by the Child Support Registrar concerning the percentage of care for a child. The applicant, Norris, sought to revoke an existing determination of the percentage of care, arguing there had been a change to the likely pattern of care. The respondent, Malegam, sought to affirm the existing determination, contending there had been no change to the likely pattern of care. The review was heard by Ms Hamilton-Noy, Member, of the Administrative Appeals Tribunal.

The Tribunal was required to determine whether there had been a change to the likely pattern of care for the child since the last assessment of the percentage of care. Specifically, the Tribunal had to consider whether the evidence supported a revocation of the existing determination and the making of a new determination, or whether the existing determination should be affirmed due to no significant change in the pattern of care.

Ms Hamilton-Noy considered the evidence presented by both parties regarding the day-to-day care arrangements for the child. The Member applied the principles of the *Child Support (Registration and Collection) Act 1988* (Cth), which require the Tribunal to assess the likely pattern of care. In this instance, the Tribunal found that the evidence did not demonstrate a sufficient change in the likely pattern of care to warrant revoking the existing determination. Consequently, the Tribunal affirmed the decision of the Child Support Registrar.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Judicial Review

  • Statutory Construction

  • Procedural Fairness

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