Ridgeway and Ridgeway (Child support)

Case

[2018] AATA 2415

15 May 2018


Details
AGLC Case Decision Date
Ridgeway and Ridgeway (Child support) [2018] AATA 2415 [2018] AATA 2415 15 May 2018

CaseChat Overview and Summary

This matter concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) brought by the father, Mr Ridgeway, against the mother, Ms Ridgeway, concerning child support payments for their child. The application was heard by the Child Support Registrar, whose decision was subsequently reviewed by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether there was "new information" since the last departure determination that would warrant a further departure from the child support assessment. The father sought to argue that a ground for departure had been established, thereby justifying a change to the existing child support arrangements.

The Tribunal considered the evidence presented and applied the principles governing departure determinations under the *Child Support (Registration and Collection) Act 1988*. It found that the information relied upon by the father did not constitute "new information" as contemplated by the Act, nor did it establish a ground for departure. Consequently, the Tribunal affirmed the decision of the Child Support Registrar to refuse to make a departure determination.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Appeal

  • Judicial Review

  • Procedural Fairness

  • Statutory Construction

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Cases Cited

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Statutory Material Cited

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Ignacio v Ignacio [2016] FamCA 50