Offord and Hanley (Child support)

Case

[2020] AATA 884

4 March 2020


Details
AGLC Case Decision Date
Offord and Hanley (Child support) [2020] AATA 884 [2020] AATA 884 4 March 2020

CaseChat Overview and Summary

This matter concerned an appeal by Offord and Hanley regarding determinations made by the Child Support Registrar concerning the percentage of care for their child. The core of the dispute revolved around whether there had been a change to the likely pattern of care for the child, which would necessitate a reassessment of the existing child support percentages.

The court was required to determine whether the Registrar had erred in revoking the existing percentage of care determinations and making new ones. Specifically, the court had to consider whether there was sufficient evidence to establish a change in the likely pattern of care, and if the Registrar's decision to revoke and re-determine was legally sound in the absence of a clearly established care arrangement.

The court found that there was no evidence presented to demonstrate a consistent or established pattern of care that had changed. In the absence of such evidence, the Registrar was entitled to revoke the existing determinations and make new ones based on the information available. The court affirmed the Registrar's decision, concluding that the existing percentage of care determinations were correctly revoked and new determinations were appropriately made.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Judicial Review

  • Procedural Fairness

  • Statutory Construction

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