Slack and Slack (Child support)

Case

[2023] AATA 3395

12 September 2023


Details
AGLC Case Decision Date
Slack and Slack (Child support) [2023] AATA 3395 [2023] AATA 3395 12 September 2023

CaseChat Overview and Summary

The case of *Slack and Slack* concerned a dispute over the percentage of care arrangements for a child. The applicant, Ms Slack, sought to have the existing percentage of care determinations revoked and new determinations made. The matter came before the court for review of a decision made by the Child Support Registrar.

The primary legal issue before the court was whether there had been a change to the likely pattern of care for the child. This required the court to assess the evidence presented regarding the actual care arrangements and to determine if these arrangements constituted a significant and ongoing change from the previously determined pattern.

In reaching its decision, the court considered the evidence of both parties concerning the child's living arrangements and the practicalities of the care provided. The court applied the principles governing the assessment of percentage of care, focusing on the factual circumstances and the likelihood of the pattern continuing. The court found that the evidence supported a change in the likely pattern of care and affirmed the decision to revoke the existing determinations and make new ones.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Judicial Review

  • Procedural Fairness

  • Statutory Construction

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