Bambra and McBeth (Child support)

This matter concerned an application by the liable parent, Mr Bambra, for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The dispute centred on whether the child support assessment should be departed from due to the liable parent's income, property, and financial resources. The case was heard by M Martellotta M.

The primary legal issue before the Court was whether the liable parent had established a ground for departure from the child support assessment. This required the Court to consider whether the liable parent's actual financial circumstances were such that the assessed amount of child support was not just and equitable. The Court also had to determine whether, if a ground for departure was established, it was appropriate to make a departure determination and, if so, what that determination should be.

The Court's reasoning focused on the specific financial information provided by the liable parent. It was found that the liable parent possessed income, property, and financial resources that were not reflected in the child support assessment. The Court applied the principles of the *Child Support (Registration and Collection) Act 1988* (Cth) which permit departure from an assessment where it would be 'just and equitable' to do so, having regard to the liable parent's financial position. The Court concluded that a ground for departure was established.

The Court set aside the original decision and substituted its own determination, finding it was just and equitable to depart from the assessment.