Sommer and Stott (Child support)

Case

[2023] AATA 1639

19 April 2023


Details
AGLC Case Decision Date
Sommer and Stott (Child support) [2023] AATA 1639 [2023] AATA 1639 19 April 2023

CaseChat Overview and Summary

The Administrative Appeals Tribunal (AAT) considered the dispute between Sommer and Stott concerning the percentage of care arrangements for a child. The applicant, Sommer, sought to have existing percentage of care determinations revoked and new determinations made, arguing there had been a change to the likely pattern of care.

The primary legal issue before the Tribunal was whether the circumstances warranted a revocation of the existing percentage of care determinations and the making of new ones. This required the Tribunal to assess if there had been a material change in the likely pattern of care for the child since the last determination was made.

The Tribunal affirmed the decision under review, finding that the evidence did not establish a sufficient change in the likely pattern of care to justify revoking the existing determinations. The Tribunal applied the principles governing changes to percentage of care arrangements under the *Child Support (Registration and Collection) Act 1988*, focusing on whether the proposed new pattern of care was likely to continue for a significant period. The Tribunal was not satisfied that the applicant had demonstrated the necessary change in the child's living arrangements.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Judicial Review

  • Statutory Construction

  • Procedural Fairness

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