Conti and Conti (No 2)

The Full Court of the Family Court of Australia, constituted by O’Reilly J, considered an application by the father for child support. The dispute concerned the father's claim that the mother should pay him $200 per week in child support, a claim made in his further amended response filed on 11 July 2011.

The primary legal issue before the court was whether the father had established grounds under section 117(2) of the *Child Support (Assessment) Act 1989* (Cth) to justify a departure from the standard child support assessment. The court noted that the father had been afforded an opportunity to formulate such grounds over two days of proceedings concerning parenting and property matters but had failed to do so.

Given the father's failure to articulate any grounds under section 117(2) of the Act, O’Reilly J dismissed the father's application for child support. The court further indicated that before the father files any future application for a child support departure order, it would be appropriate for him to make such application as may be necessary to the Child Support Agency after the conclusion of the parties' property proceedings.