Selvey and Laurence (Child support)
Case
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[2018] AATA 3205
•19 July 2018
Details
AGLC
Case
Decision Date
Selvey and Laurence (Child support) [2018] AATA 3205
[2018] AATA 3205
19 July 2018
CaseChat Overview and Summary
This matter concerned an appeal to the Administrative Appeals Tribunal concerning a child support assessment. The parties, referred to as Selvey and Laurence, disputed the existing percentages of care attributed to each parent for the purposes of calculating child support. The core of the dispute was whether there had been a sufficient change in the likely pattern of care to warrant a revocation of the existing determination.
The Tribunal was required to determine whether the existing percentages of care, as previously determined, accurately reflected the likely future pattern of care for the child. Specifically, the Tribunal had to consider if any material change had occurred or was likely to occur in the care arrangements that would justify altering the established percentages.
The Tribunal affirmed the decision to refuse to revoke the existing percentages of care determination. The reasoning applied was that there had been no substantial or material change in the likely pattern of care that would necessitate a reassessment. The existing determination was found to continue to accurately reflect the care arrangements for the child, and therefore, no grounds existed to revoke it.
The Tribunal was required to determine whether the existing percentages of care, as previously determined, accurately reflected the likely future pattern of care for the child. Specifically, the Tribunal had to consider if any material change had occurred or was likely to occur in the care arrangements that would justify altering the established percentages.
The Tribunal affirmed the decision to refuse to revoke the existing percentages of care determination. The reasoning applied was that there had been no substantial or material change in the likely pattern of care that would necessitate a reassessment. The existing determination was found to continue to accurately reflect the care arrangements for the child, and therefore, no grounds existed to revoke it.
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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Procedural Fairness
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Statutory Construction
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