Doaity and Afeland (Child support)

The matter of *Doaity and Afeland* concerned an application to depart from a child support administrative assessment. The applicant sought to vary the assessment, arguing that the existing assessment did not adequately account for the child's special needs and the costs associated with maintaining the child. The decision was made by Senior Member R Ellis.

The primary legal issue before the court was whether the grounds for departure from the administrative assessment, as provided by the relevant legislation, were met. Specifically, the court had to consider whether the parent's income, property, financial resources, or earning capacity, or the special needs of the child, or the cost of maintaining the child, constituted sufficient grounds to justify setting aside the administrative assessment.

Senior Member R Ellis reasoned that the existing administrative assessment did not sufficiently recognise the significant costs associated with the child's special needs. Applying the principles of the *Child Support (Registration and Collection) Act 1988*, the Senior Member found that the circumstances warranted a departure from the standard assessment. The court concluded that the cost of maintaining the child, particularly in light of their special needs, was not adequately reflected in the administrative assessment.

Consequently, the Senior Member ordered that the decision under review be set aside and substituted with a new assessment that more accurately reflected the child's needs and associated costs.