Denton and Wainwright (Child support)

This matter concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) by the liable parent, Mr Denton, against a child support assessment made in favour of Ms Wainwright. The dispute centred on whether the liable parent's income, property, and financial resources warranted a departure from the assessment.

The primary legal issue before the court was whether the liable parent had established a ground for departure from the child support assessment, and if so, whether it was just and equitable to depart from the assessment and what the departure should be. Specifically, the court had to consider if the liable parent's actual financial circumstances differed significantly from those presumed by the assessment.

The court found that the liable parent had indeed established a ground for departure. The reasoning focused on the liable parent's actual income and financial resources, which were demonstrably lower than what might have been inferred from the assessment. The court applied the principles of the *Child Support (Registration and Collection) Act 1988* (Cth), which permit departure from an assessment where it would be just and equitable to do so, having regard to the specific financial circumstances of the parties.

The court set aside the original child support assessment and substituted it with a new assessment that reflected the liable parent's actual financial position.