Brown and Brown (Child support)

The case of *Brown and Brown (Child Support)* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The primary dispute involved the assessment of the liable parent's income, property, and financial resources, particularly in relation to benefits derived from a business. The matter came before M Douglas M for review of a previous decision to make a departure determination.

The court was required to determine whether the initial decision to make a departure determination was justified, specifically considering whether the liable parent's income, property, and financial resources, including benefits derived from their business, had been adequately assessed. The central legal issue was whether the existing child support assessment accurately reflected the liable parent's capacity to pay, or if a departure from the standard assessment was warranted.

In reaching its decision, the court analysed the financial circumstances of both parents. It focused on the benefits the liable parent received from their business, which were considered to be a significant financial resource not fully captured by the standard assessment. The court applied the principles of the *Child Support (Registration and Collection) Act 1988* concerning departure from a child support assessment, considering whether the liable parent's actual financial position justified an adjustment. The court found that the previous decision to make a departure determination was flawed in its reasoning or application of the law.

Consequently, the court set aside the original departure determination and substituted its own decision.