Baiss and Forster (Child support)

The case of *Baiss and Forster* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to have the child support assessment varied on the basis of the special needs of the child. The respondent opposed the application. The matter came before the court for review of a decision made by the Registrar.

The primary legal issue before the court was whether the cost of maintaining the child was significantly affected by the child's special needs, thereby establishing a ground for departure from the standard child support assessment. The court was required to consider the evidence presented by both parties regarding the nature of the child's needs and the associated costs.

The court found that the evidence did not establish that the cost of maintaining the child was significantly affected by the child's special needs to the extent required to justify a departure. The court applied the principles governing departure applications under the *Child Support (Registration and Collection) Act 1988*, which require a significant impact on the costs of maintaining the child. Having determined that the threshold for a departure was not met, the court set aside the Registrar's decision. The court substituted its own decision, dismissing the application for a departure determination.