Ricci and Ricci (Child support)
Case
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[2020] AATA 2673
•11 June 2020
Details
AGLC
Case
Decision Date
Ricci and Ricci (Child support) [2020] AATA 2673
[2020] AATA 2673
11 June 2020
CaseChat Overview and Summary
The applicant, Ricci, sought to challenge a decision made by the Child Support Registrar concerning the percentage of care for the parties' child. The dispute centred on whether there had been a change to the likely pattern of care, which led to the revocation of existing percentage of care determinations and the making of new ones. The matter came before the Tribunal for review.
The primary legal issues before the Tribunal were: (1) whether the Registrar's decision to revoke the existing percentage of care determinations and make new ones was correct; and (2) whether there were special circumstances that prevented the applicant from lodging their objection within the prescribed time limit.
The Tribunal affirmed the Registrar's decision, finding that there had been a change to the likely pattern of care. It also determined that special circumstances did exist which prevented the applicant from lodging their objection in time. Consequently, the Tribunal affirmed the decision under review, including the date of effect of the objection decision.
The primary legal issues before the Tribunal were: (1) whether the Registrar's decision to revoke the existing percentage of care determinations and make new ones was correct; and (2) whether there were special circumstances that prevented the applicant from lodging their objection within the prescribed time limit.
The Tribunal affirmed the Registrar's decision, finding that there had been a change to the likely pattern of care. It also determined that special circumstances did exist which prevented the applicant from lodging their objection in time. Consequently, the Tribunal affirmed the decision under review, including the date of effect of the objection decision.
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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Procedural Fairness
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Standing
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Statutory Construction
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