Chilvers and Henny (Child support)

The Administrative Appeals Tribunal (AAT) considered an application by the carer parent, Ms Chilvers, for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). Ms Chilvers sought to have the assessed child support payable by the liable parent, Mr Henny, varied on the basis of Mr Henny's alleged income, property, financial resources, and earning capacity. The AAT had previously refused to make a departure determination. The decision under review concerned the AAT's refusal to make such a determination.

The primary legal issue before the AAT was whether the grounds for a departure determination, as set out in section 117 of the *Child Support (Registration and Collection) Act 1988*, were established. Specifically, the AAT was required to determine if Mr Henny's income, property, financial resources, and earning capacity were such that the assessed child support amount was not just and equitable having regard to the specific circumstances of the case.

The AAT reasoned that the onus was on Ms Chilvers to demonstrate that the grounds for departure were met. The Tribunal found that the evidence presented did not establish that Mr Henny's income, property, financial resources, or earning capacity were significantly different from what was used in the child support assessment, nor did it demonstrate that these factors would make the assessed amount unjust or inequitable. Consequently, the AAT concluded that the grounds for a departure determination were not established.

The AAT set aside the previous decision and substituted it with a new decision refusing to make a departure determination.