Wilder and Southgate (Child support)

Case

[2020] AATA 579

11 February 2020


Details
AGLC Case Decision Date
Wilder and Southgate (Child support) [2020] AATA 579 [2020] AATA 579 11 February 2020

CaseChat Overview and Summary

The case of *Wilder and Southgate* concerned a dispute between the parties regarding the percentage of care for their child. The applicant sought to have the existing percentage of care determinations revoked and new determinations made. The matter came before the court for review.

The central 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 by the parties concerning the actual care arrangements and to determine if these arrangements constituted a significant and ongoing change from the previously determined pattern.

The court considered the evidence and found that a change to the likely pattern of care had occurred. Applying the relevant provisions of the *Child Support (Registration and Collection) Act 1988*, the court determined that the existing percentage of care determinations were no longer accurate. Consequently, the court affirmed the decision to revoke the existing determinations and make new ones.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Statutory Construction

  • Judicial Review

  • Procedural Fairness

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