Cleaves & Cleaves

In *Cleaves & Cleaves*, Ms Cleaves (the applicant wife) sought interim departure orders from the Federal Circuit and Family Court of Australia for periodic child support and for non-periodic orders requiring Mr Cleaves (the respondent husband) to pay private school fees and health insurance. An existing administrative assessment of child support was due for renewal in August 2021.

The primary legal issues before Harper J were whether the wife satisfied the criteria under section 116(1)(b) of the relevant legislation to enliven the court's discretion to make a departure order, whether it was in the interests of both parents for the court to consider such an order, and whether the circumstances of the case were special and established grounds under section 117(2).

Harper J dismissed the wife's application. The court found that the wife had not satisfied the threshold requirements to justify a departure from the administrative assessment. The circumstances presented were not considered special, and the grounds relied upon did not meet the statutory criteria for making a departure order. Consequently, the court declined to exercise its discretion to make the requested orders regarding child support, private school fees, and health insurance. The costs of the application were reserved.