Bannon and Applegate (Child support)

The case of Bannon and Applegate concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to vary the assessed rate of child support payable by the respondent. The matter came before the court for review of a previous decision.

The primary legal issues before the court were whether the costs associated with the children's education constituted a ground for departure from the child support assessment, and whether the income, property, and financial resources of the liable parent were relevant to this determination. The court also considered the respondent's non-compliance with directions issued during the proceedings.

The court found that the costs of the children's education were a significant factor that justified a departure from the standard assessment. It reasoned that the specific educational needs of the children, which were not adequately met by the standard assessment, constituted a relevant ground for variation. While acknowledging the respondent's non-compliance with directions, the court ultimately focused on the merits of the departure application concerning the children's educational expenses.

The court set aside the previous decision and substituted its own, varying the annual rate of child support payable.