Dungey and Charman (Child support)

This matter concerned an appeal by the father, Dungey, against a departure determination made by the Registrar of the Child Support Agency concerning the child support payable to the mother, Charman. The dispute centred on whether the father should be required to contribute to the costs of the child’s private school education, a cost that was not being met by the current child support assessment. The appeal was heard by the Federal Magistrates Court of Australia.

The primary legal issue before the Court was whether the Registrar had erred in making a departure determination under section 117 of the *Child Support (Registration and Collection) Act 1988* (Cth). Specifically, the Court had to consider whether the costs of the child’s private education constituted a necessary expense for the child, and whether it was a manner of supporting the child that was expected by both parents. The Court also had to determine if it was just and equitable to depart from the assessment, taking into account the financial resources of both parents.

The Court found that the Registrar had correctly identified that the costs of private education were a necessary expense for the child, given the parents' prior agreement and the child's attendance at the school. The Court applied the principles outlined in the *Child Support (Registration and Collection) Act 1988* (Cth), focusing on the grounds for departure and the requirement for the Court to consider what is just and equitable. The Court was satisfied that the father had the financial capacity to contribute to these costs and that it was indeed just and equitable to make a departure determination.

The Court ordered that the decision under review be varied, requiring the father to pay a contribution towards the child's private school education costs.