Bassett and Teale
Case
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[2016] FCCA 2177
•24 August 2016
Details
AGLC
Case
Decision Date
Bassett and Teale [2016] FCCA 2177
[2016] FCCA 2177
24 August 2016
CaseChat Overview and Summary
This matter concerned an application for a departure from an administrative assessment of child support for two children, X and Y. The dispute involved the allocation of financial responsibilities for the children's education and healthcare expenses between the husband and wife. The decision was made by Judge Small.
The court was required to determine whether to depart from the standard administrative assessment and, if so, to specify the terms of the departure. This involved considering the appropriate contributions each party should make towards private secondary school fees, private health insurance, medical gap expenses, and an additional annual sum for each child.
Judge Small ordered a departure from the administrative assessment pursuant to s 116(1)(b) of the Child Support (Assessment) Act 1989. The husband was ordered to pay 65% of private secondary school fees, 100% of private health insurance premiums, the first $1,000 of annual medical gap expenses, and 50% of any medical gap expenses exceeding that threshold. He was also ordered to pay a further sum of $2,500 per child per annum, indexed annually, payable in two instalments. The wife was ordered to pay the remaining 35% of private secondary school fees and 50% of medical gap expenses exceeding the threshold. These non-periodic payments were to be made in addition to any periodic child support assessed by the Department of Human Services.
The court was required to determine whether to depart from the standard administrative assessment and, if so, to specify the terms of the departure. This involved considering the appropriate contributions each party should make towards private secondary school fees, private health insurance, medical gap expenses, and an additional annual sum for each child.
Judge Small ordered a departure from the administrative assessment pursuant to s 116(1)(b) of the Child Support (Assessment) Act 1989. The husband was ordered to pay 65% of private secondary school fees, 100% of private health insurance premiums, the first $1,000 of annual medical gap expenses, and 50% of any medical gap expenses exceeding that threshold. He was also ordered to pay a further sum of $2,500 per child per annum, indexed annually, payable in two instalments. The wife was ordered to pay the remaining 35% of private secondary school fees and 50% of medical gap expenses exceeding the threshold. These non-periodic payments were to be made in addition to any periodic child support assessed by the Department of Human Services.
Details
Key Legal Topics
Areas of Law
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Family Law
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Statutory Interpretation
Legal Concepts
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Appeal
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Jurisdiction
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Remedies
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Statutory Construction
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Citations
Bassett and Teale [2016] FCCA 2177
Most Recent Citation
Petrone & Petrone [2024] FedCFamC2F 1038
Cases Cited
3
Statutory Material Cited
2
Whitlock v Brew
[1968] HCA 71
Thorby v Goldberg
[1964] HCA 41
McLaren v Wiltshire Lawyers Pty Ltd
[2019] QSC 305