Cavanagh and Cavanagh (Child support)

The case of *Cavanagh and Cavanagh* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to vary the child support assessment on the grounds that the existing assessment did not make proper or adequate provision for the special needs of the child. The matter came before the court for review of a decision made by the Registrar.

The primary legal issue before the court was whether the grounds for a departure from the child support assessment, as prescribed by the Act, were established. Specifically, the court had to determine if the child had special needs that were not adequately met by the current assessment, and if so, whether these circumstances warranted a departure.

The court considered the evidence presented regarding the child's specific needs and the financial implications of meeting those needs. Applying the principles outlined in the *Child Support (Registration and Collection) Act 1988*, the court found that the child did indeed have special needs that were not adequately provided for under the existing assessment. The court reasoned that the existing assessment failed to account for the significant additional costs associated with these special needs, thereby not making proper or adequate provision for the child.

Consequently, the court set aside the decision under review and substituted its own determination. The court ordered that the child support assessment be departed from, with the specific terms of the revised assessment to be determined.