Boer and Magee

In the matter of *Boer and Magee*, heard by Judge Terry, the dispute concerned an application to depart from an administrative assessment of child support. The applicant, Mr Boer, sought to vary the child support payable to Ms Magee for the support of their three children.

The primary legal issues before the court were whether leave should be granted to make an order under section 118 of the *Child Support (Assessment) Act 1989* (Cth) for a period more than 18 months prior to the application, and if so, whether it was just and equitable to depart from the administrative assessment.

The court granted leave pursuant to section 112 of the Act, finding it just and equitable and otherwise proper to depart from the administrative assessment. The court ordered that the child support payable by Mr Boer to Ms Magee for the periods until 9 July 2015 be set at the amount already paid, including any funds held by the Child Support Registrar. The application filed on 17 February 2017 was otherwise dismissed.