Cherrill and Cherrill (Child support)

The case of *Cherrill and Cherrill* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to depart from the child support assessment on the basis of school fees. The matter came before Judicial Officer Thomson M.

The primary legal issue before the court was whether the ground for departure, specifically relating to the cost of school fees, was established. This required the court to consider the relevant provisions of the *Child Support (Registration and Collection) Act 1988* and the criteria for making a departure determination.

Judicial Officer Thomson M found that the ground for departure was established. The court reasoned that the expenditure on school fees was a necessary and significant cost associated with the child's upbringing, and that the existing assessment did not adequately account for this expense. Consequently, the court set aside the original decision and substituted its own determination. The court ordered that the departure determination be made.