Bestall and Thorn (Child support)

The matter of *Bestall and Thorn* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to depart from the assessed rate of child support payable by the respondent, primarily on the grounds of the costs associated with the child's education. The decision was made by Member S Letch of the Child Support Special Powers Division.

The central legal issue before the Member was whether the costs of the child's education constituted a ground for departure from the assessed child support amount. Specifically, the Member had to determine if these costs were of such a nature and amount that they would not have been, or were not, likely to have been, taken into account by the Registrar in making the assessment, and if the assessment was therefore unjust or inequitable.

The Member found that the costs of the child's education, being private school fees, were indeed a ground for departure. The reasoning applied was that these costs were not typically factored into a standard child support assessment, which is based on a formula that considers the income of both parents and the number of children. The Member concluded that the assessed amount was unjust and inequitable in light of these significant educational expenses. Consequently, the Member set aside the original assessment and substituted a new decision to depart from the assessment.