Billing and Tillick (Child support)

The matter of *Billing and Tillick (Child support)* concerned an appeal to the Full Court of the Family Court of Australia regarding a departure determination made under the *Child Support (Assessment) Act 1988* (Cth). The primary dispute involved the assessment of the child support payable by the father, Mr Tillick, to the mother, Ms Billing, for the benefit of their two children. The decision under review was made by a Senior Member of the Child Support Australia.

The Full Court was required to determine whether the Senior Member had erred in law in their assessment of the father's income and financial resources, specifically in relation to his business income. Further, the court had to consider whether the Senior Member had correctly applied the principles relating to the costs of education of the children when making the departure determination, and whether the period for which the departure determination was to have effect was appropriate.

In its reasoning, the Full Court found that the Senior Member had made errors in their assessment of the father's business income, failing to properly account for deductible expenses. The court also determined that the Senior Member had not adequately considered the specific educational costs incurred by the mother and the children's needs in relation to their schooling. The Full Court applied the principles of statutory interpretation relevant to the *Child Support (Assessment) Act 1988* (Cth) and relevant case law concerning the assessment of income and the consideration of special circumstances for departure.

The Full Court set aside the Senior Member's decision and substituted its own determination. The court made orders for a revised child support assessment reflecting the corrected income assessment and a more appropriate consideration of the children's educational expenses.