Reid and Gates (Child support)

Case

[2018] AATA 2410

8 June 2018


Details
AGLC Case Decision Date
Reid and Gates (Child support) [2018] AATA 2410 [2018] AATA 2410 8 June 2018

CaseChat Overview and Summary

The case of *Reid and Gates (Child support)* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant, Reid, sought to vary an existing child support assessment. The respondent was Gates. The matter came before the court for review of a decision made by the Child Support Registrar.

The primary legal issue before the court was whether there was "new information" since the last departure determination that would justify a further departure from the child support assessment. Specifically, the court had to consider if the grounds for departure, as outlined in the legislation, were established by the applicant.

The court affirmed the Registrar's decision to refuse to make a departure determination. The reasoning applied was that the applicant had failed to demonstrate that the information presented constituted "new information" as contemplated by the *Child Support (Registration and Collection) Act 1988* (Cth) in circumstances where a previous departure application had already been considered and determined. The court found that the grounds for departure were not established on the facts before it.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Judicial Review

  • Statutory Construction

  • Jurisdiction

  • Procedural Fairness

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

0

Ignacio v Ignacio [2016] FamCA 50