Child Support Registrar and Simmons (No.2)

This matter concerned an appeal before Judge Scarlett concerning an application for child support. The applicant sought orders regarding the payment of costs, and the respondent sought to vary an existing child support assessment.

The primary legal issue before the Court was whether the respondent had established sufficient grounds to vary the existing child support assessment. This involved considering the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) and the *Child Support (Assessment) Act 1989* (Cth), particularly concerning the grounds for departure from a child support assessment.

Judge Scarlett found that the respondent had not discharged the onus of proving that the existing assessment should be departed from. The Court applied the principles that a child support assessment is presumed to be in the best interests of the child and that a party seeking to depart from such an assessment bears a significant evidentiary burden. The Court was not satisfied that the respondent had demonstrated a material change in circumstances or that the existing assessment was otherwise unjust or inequitable.

The Court ordered that the respondent pay the applicant's costs of the proceedings, fixed at $5,263.00, with 8 months allowed for payment.