Nunn and Clarke (Child support)

Case

[2022] AATA 3971

4 October 2022


Details
AGLC Case Decision Date
Nunn and Clarke (Child support) [2022] AATA 3971 [2022] AATA 3971 4 October 2022

CaseChat Overview and Summary

The case of *Nunn and Clarke* concerned a dispute over the percentage of care attributed to each parent for child support assessment purposes. The decision under review involved setting aside and substituting previous determinations regarding the pattern of care.

The primary legal issues before the court were to determine the likely pattern of care from the commencement of the administrative assessment, whether there were special circumstances preventing the timely lodgement of an objection, and whether there had been a change to the existing likely pattern of care.

The court considered the evidence presented to ascertain the actual pattern of care from the inception of the administrative assessment. It found that no special circumstances existed that would justify accepting a late objection. Consequently, the court revoked the existing percentage of care determinations and made new determinations reflecting the established pattern of care.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Statutory Construction

  • Appeal

  • Procedural Fairness

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