Trott and Trott (Child support)
Case
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[2019] AATA 562
•14 February 2019
Details
AGLC
Case
Decision Date
Trott and Trott (Child support) [2019] AATA 562
[2019] AATA 562
14 February 2019
CaseChat Overview and Summary
This matter concerned an appeal to the Administrative Appeals Tribunal (AAT) regarding a decision made by the Child Support Registrar. The parties, referred to as Trott and Trott, disputed the percentage of care arrangements for their child. The core of the dispute revolved around whether there had been a change to the likely pattern of care that warranted a revocation of existing percentage of care determinations and the making of new ones.
The Tribunal was required to determine whether the Registrar had erred in revoking the existing percentage of care determinations and in making new determinations. Specifically, the AAT had to assess whether the evidence presented supported a finding that there had been a change in the likely pattern of care for the child, and if so, whether the new determinations accurately reflected that change.
The Tribunal affirmed the decision of the Child Support Registrar. It found that the Registrar had correctly applied the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) and the *Child Support (Assessment) Act 1989* (Cth). The reasoning focused on the evidence demonstrating a significant and likely ongoing alteration in the child's living arrangements, which justified the revocation of the previous care percentages and the establishment of new ones. The Tribunal was satisfied that the Registrar's decision was open to be made on the evidence before them.
The Tribunal was required to determine whether the Registrar had erred in revoking the existing percentage of care determinations and in making new determinations. Specifically, the AAT had to assess whether the evidence presented supported a finding that there had been a change in the likely pattern of care for the child, and if so, whether the new determinations accurately reflected that change.
The Tribunal affirmed the decision of the Child Support Registrar. It found that the Registrar had correctly applied the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) and the *Child Support (Assessment) Act 1989* (Cth). The reasoning focused on the evidence demonstrating a significant and likely ongoing alteration in the child's living arrangements, which justified the revocation of the previous care percentages and the establishment of new ones. The Tribunal was satisfied that the Registrar's decision was open to be made on the evidence before them.
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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