Porcher and Scrivens (Child support)
Case
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[2021] AATA 1285
•7 April 2021
Details
AGLC
Case
Decision Date
Porcher and Scrivens (Child support) [2021] AATA 1285
[2021] AATA 1285
7 April 2021
CaseChat Overview and Summary
The Administrative Appeals Tribunal (AAT) considered the dispute between Porcher and Scrivens concerning the percentage of care for a child. The core of the disagreement revolved around whether there had been a change to the likely pattern of care, which would necessitate a review and potential alteration of existing child support percentage of care determinations.
The Tribunal was tasked with determining whether the existing percentage of care determinations should be revoked and new determinations made. This required an assessment of the evidence presented regarding the actual and anticipated care arrangements for the child, and whether these arrangements constituted a material change from the pattern upon which the previous determinations were based.
The Tribunal found that there had been a significant change in the likely pattern of care. Applying the principles of the *Child Support (Registration and Collection) Act 1988*, the Tribunal concluded that the existing determinations no longer accurately reflected the care arrangements. Consequently, the Tribunal set aside the previous decision and substituted it with new determinations reflecting the altered pattern of care.
The Tribunal was tasked with determining whether the existing percentage of care determinations should be revoked and new determinations made. This required an assessment of the evidence presented regarding the actual and anticipated care arrangements for the child, and whether these arrangements constituted a material change from the pattern upon which the previous determinations were based.
The Tribunal found that there had been a significant change in the likely pattern of care. Applying the principles of the *Child Support (Registration and Collection) Act 1988*, the Tribunal concluded that the existing determinations no longer accurately reflected the care arrangements. Consequently, the Tribunal set aside the previous decision and substituted it with new determinations reflecting the altered pattern of care.
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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Statutory Construction
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Procedural Fairness
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