Peterson and Thorburn (Child support)
Case
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[2019] AATA 5018
•11 September 2019
Details
AGLC
Case
Decision Date
Peterson and Thorburn (Child support) [2019] AATA 5018
[2019] AATA 5018
11 September 2019
CaseChat Overview and Summary
The Administrative Appeals Tribunal (AAT) considered the dispute between Peterson and Thorburn concerning the percentage of care arrangements for their child. The applicant, Peterson, sought to revoke existing percentage of care determinations and have new determinations made, arguing there had been a change to the likely pattern of care.
The primary legal issue before the Tribunal was whether the circumstances warranted a revocation of the existing percentage of care determinations and the making of new ones, specifically addressing whether there had been a change to the likely pattern of care that justified such a review.
The Tribunal affirmed the decision under review, finding that the evidence did not establish a sufficient change in the likely pattern of care to warrant the revocation of the existing determinations and the making of new ones. The Tribunal applied the principles governing reviews of child support percentage of care arrangements, focusing on whether the statutory criteria for altering such arrangements had been met.
The primary legal issue before the Tribunal was whether the circumstances warranted a revocation of the existing percentage of care determinations and the making of new ones, specifically addressing whether there had been a change to the likely pattern of care that justified such a review.
The Tribunal affirmed the decision under review, finding that the evidence did not establish a sufficient change in the likely pattern of care to warrant the revocation of the existing determinations and the making of new ones. The Tribunal applied the principles governing reviews of child support percentage of care arrangements, focusing on whether the statutory criteria for altering such arrangements had been met.
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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