Britland and Britland (Child support)

The matter of *Britland and Britland* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to vary an existing child support assessment, specifically in relation to the costs of their child's education. The decision was made by Deputy Principal Member D Cox.

The primary legal issue before the Deputy Principal Member was whether the circumstances of the case met the criteria for a departure from the standard child support assessment, as provided for in the Act. This involved considering whether the costs of the child's education constituted a "special circumstance" that would justify a departure, and if so, whether the departure would be in the best interests of the child.

The Deputy Principal Member affirmed the decision under review, finding that no grounds for departure were established. The reasoning applied focused on the established principles for departure determinations, which require a high threshold to be met. The Deputy Principal Member concluded that the costs associated with the child's education, as presented, did not amount to a special circumstance that warranted a departure from the assessment.

Consequently, the application for a departure determination was refused, and the existing child support assessment was affirmed.