Pace and Pace (Child support)
Case
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[2020] AATA 4774
•2 October 2020
Details
AGLC
Case
Decision Date
Pace and Pace (Child support) [2020] AATA 4774
[2020] AATA 4774
2 October 2020
CaseChat Overview and Summary
The matter of *Pace and Pace* concerned an application to the court by the father, Mr Pace, seeking to revoke existing percentage of care determinations made under the *Child Support (Registration and Collection) Act 1988*. The mother, Ms Pace, opposed this application. The decision was made by Member P Jensen.
The central legal issue before the court was whether there had been a change to the likely pattern of care of the child, which would warrant the revocation of the existing percentage of care determinations. The court was required to assess the evidence presented by both parties to determine if the established care arrangements had altered in a manner that justified a review of the child support assessment.
Member Jensen's reasoning focused on the evidence presented regarding the actual and anticipated care arrangements for the child. The court found that there had been no significant or lasting change to the likely pattern of care that would justify revoking the existing determinations. Consequently, the court affirmed the previous decision to refuse the revocation.
The central legal issue before the court was whether there had been a change to the likely pattern of care of the child, which would warrant the revocation of the existing percentage of care determinations. The court was required to assess the evidence presented by both parties to determine if the established care arrangements had altered in a manner that justified a review of the child support assessment.
Member Jensen's reasoning focused on the evidence presented regarding the actual and anticipated care arrangements for the child. The court found that there had been no significant or lasting change to the likely pattern of care that would justify revoking the existing determinations. Consequently, the court affirmed the previous decision to refuse the revocation.
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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