Derick and Derick (Child support)

The matter of *Derick and Derick (Child Support)* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to have the child support assessment varied based on the income, property, and financial resources of the liable parent. The decision under review was affirmed by the court.

The primary legal issue before the court was whether the liable parent's income, property, and financial resources, particularly benefits derived from a business and a trust, warranted a departure from the child support assessment. This required the court to consider the extent to which these resources were available to the liable parent and whether they were being used to reduce their effective child support obligations.

The court's reasoning focused on the principles governing departure determinations, which allow for adjustments to assessments when the standard formula would not be fair and just. The court examined the evidence presented regarding the liable parent's financial position, including their involvement with and benefits received from the business and trust. The court applied the relevant provisions of the *Child Support (Registration and Collection) Act 1988* to determine if these financial resources constituted a basis for departure. The court affirmed the decision under review, indicating that the applicant had not satisfied the threshold for a departure determination.