Rolland and Rolland (Child support)

Case

[2024] AATA 4114

25 September 2024


Details
AGLC Case Decision Date
Rolland and Rolland (Child support) [2024] AATA 4114 [2024] AATA 4114 25 September 2024

CaseChat Overview and Summary

The matter of *Rolland and Rolland (Child Support)* concerned an application for a departure determination under the *Child Support (Assessment) Act 1989* (Cth). The applicant, the father, sought to have his child support assessment varied on the basis of his income. The decision under review was made by Senior Member S Trotter.

The primary legal issue before the Senior Member was whether the father's child support assessment should be departed from. This required the Senior Member to consider the father's provisional and actual income, specifically addressing the inclusion of income protection payments, a compensation settlement, and bank interest in his assessable income.

In reaching their decision, the Senior Member applied the principles of the *Child Support (Assessment) Act 1989* concerning the calculation of a parent's child support liability. The Senior Member considered the nature of the payments received by the father, determining whether they constituted income for the purposes of child support assessment. The decision under review was set aside and substituted with a new determination.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Judicial Review

  • Statutory Construction

  • Remedies

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