Sacker and Hatherall (Child support)
Case
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[2019] AATA 1194
•11 April 2019
Details
AGLC
Case
Decision Date
Sacker and Hatherall (Child support) [2019] AATA 1194
[2019] AATA 1194
11 April 2019
CaseChat Overview and Summary
This matter concerned an appeal by Sacker (the applicant) against a decision of the Child Support Registrar (the respondent) concerning the percentage of care for the parties' child. The applicant sought to have the existing percentage of care determinations revoked and new determinations made, alleging a change in the likely pattern of care.
The primary legal issue before the court was whether there had been a change in the likely pattern of care for the child that warranted the revocation of existing percentage of care determinations and the making of new ones. This required the court to assess the evidence presented regarding the actual care arrangements and compare them to the previously determined pattern.
The court considered the evidence and determined that a change in the likely pattern of care had indeed occurred. Applying the principles of the *Child Support (Registration and Collection) Act 1988*, the court found that the existing determinations no longer accurately reflected the child's living arrangements. Consequently, the court affirmed the decision to revoke the existing percentage of care determinations and make new ones.
The primary legal issue before the court was whether there had been a change in the likely pattern of care for the child that warranted the revocation of existing percentage of care determinations and the making of new ones. This required the court to assess the evidence presented regarding the actual care arrangements and compare them to the previously determined pattern.
The court considered the evidence and determined that a change in the likely pattern of care had indeed occurred. Applying the principles of the *Child Support (Registration and Collection) Act 1988*, the court found that the existing determinations no longer accurately reflected the child's living arrangements. Consequently, the court affirmed the decision to revoke the existing percentage of care determinations and make new ones.
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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