Ware and Ware (Child support)

Case

[2021] AATA 3607

21 July 2021


Details
AGLC Case Decision Date
Ware and Ware (Child support) [2021] AATA 3607 [2021] AATA 3607 21 July 2021

CaseChat Overview and Summary

The case of *Ware and Ware* concerned a dispute over the percentage of care arrangements for a child. The applicant sought to have 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 current care arrangements and to determine if these arrangements constituted a significant and ongoing departure from the previously established pattern of care.

The court considered the evidence of the parties and applied the principles governing the assessment of percentage of care under the *Child Support (Registration and Collection) Act 1988*. The court found that the evidence demonstrated a material change in the likely pattern of care. Consequently, the court set aside the existing percentage of care determinations and made new determinations reflecting the revised care arrangements.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Statutory Construction

  • Appeal

  • Procedural Fairness

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