Steinmann and Steinmann (Child support)

Case

[2020] AATA 3656

15 July 2020


Details
AGLC Case Decision Date
Steinmann and Steinmann (Child support) [2020] AATA 3656 [2020] AATA 3656 15 July 2020

CaseChat Overview and Summary

The matter of * a child support terminating event had occurred. The court was required to determine whether the Registrar's decision to assess child support based on a 66.7% care entitlement for the child was correct, or if a change in the likely pattern of care had occurred such that the child support assessment should have been terminated.

The court considered the provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) and the *Child Support (Assessment) Act 1988* (Cth), particularly in relation to the definition of a child support terminating event and the assessment of the percentage of care. The primary judge had found that a change in the likely pattern of care had not occurred, and therefore no terminating event had taken place. The Full Court reviewed this finding, examining the evidence presented regarding the actual care arrangements for the child and the likelihood of those arrangements continuing.

The Full Court allowed the appeal, finding that the primary judge had erred in their assessment of the evidence. The court determined that the evidence demonstrated a significant and likely ongoing change in the pattern of care for the child, which constituted a child support terminating event. Consequently, the child support assessment should have been terminated. The orders of the primary judge were set aside and the matter remitted to the Registrar for redetermination.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Appeal

  • Jurisdiction

  • Statutory Construction

  • Judicial Review

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