Burne and Anketell (Child support)

This matter concerned an appeal to the court regarding a departure determination made by the Child Support Registrar. The dispute involved Mr Burne and Ms Anketell, who were seeking to vary child support payments. Ms Anketell had incurred significant extra schooling and sporting costs for the children, amounting to $6,296, without any contribution from Mr Burne. Mr Burne had previously indicated a willingness to contribute $3,000 annually towards school fees.

The court was required to determine whether the Registrar's decision to depart from the formula assessment of child support was justified. Specifically, the court needed to assess if the costs incurred by Ms Anketell for the children's education and extracurricular activities were of a type and amount that significantly affected the costs of maintaining the children, and if these costs were incurred in a manner that was expected by both parents.

The court considered the evidence presented by both parties regarding their financial circumstances and the nature of the expenses. Ms Anketell provided detailed evidence of the extra schooling and sporting costs, which the Tribunal accepted. Mr Burne's financial position was examined, including his previous high income, his current reduced salary due to medical discharge, and income from an investment property. The court noted that Mr Burne's income for the 2020-21 financial year was unusually high due to leave payouts and increased investment income, and that his current income was expected to be lower. Despite Mr Burne's financial circumstances, the court found that the costs incurred by Ms Anketell were substantial and directly related to the children's upbringing in a manner that could be considered expected by both parents. The court concluded that a ground for departure was established, as the costs significantly affected the maintenance of the children.

The court set aside the Registrar's decision and substituted it with its own determination, finding that a departure from the formula assessment was warranted.