Browne and Sayle (Child support)

The case of *Browne and Sayle* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to have the assessed child support payable by the respondent varied on the basis of the income, property, and financial resources of both parents. The decision under review was set aside and substituted by the court.

The primary legal issue before the court was whether the existing child support assessment was likely to be less than the amount of child support that would have been assessed if the assessment had been made under the *Child Support (Assessment) Act 1989* (Cth), having regard to the specific circumstances of the case. This involved an examination of the financial positions of both parents and whether these circumstances were exceptional enough to warrant a departure from the standard assessment.

The court considered the relevant provisions of the *Child Support (Registration and Collection) Act 1988* and the *Child Support (Assessment) Act 1989*, including the criteria for making a departure determination. The court's reasoning focused on the specific financial information provided by the parties and applied established legal principles regarding the assessment of income, property, and financial resources in child support matters. The court ultimately found that the circumstances warranted a departure from the standard assessment.