Essington and Corben (Child support)

The case of Essington and Corben concerned a dispute over the percentage of care for a child, brought before the Federal Circuit and Family Court of Australia. The applicant sought to have a previous decision regarding the child support assessment set aside and substituted with a new assessment.

The primary legal issue before the court was whether the applicant had established sufficient grounds to set aside the existing child support assessment. This involved determining whether the previous decision was made in error or if there had been a significant change in circumstances that warranted a review of the percentage of care arrangements. The court was required to consider the pattern of care from the commencement of the child support case.

Justice Longo M considered the evidence presented by both parties regarding the child's living arrangements and the practical realities of the care provided by each parent. The court applied the principles governing the setting aside of child support assessments, focusing on whether the existing assessment no longer reflected the true percentage of care. The court's reasoning would have involved an analysis of the relevant provisions of the *Child Support (Registration and Collection) Act 1988* and any applicable case law concerning the determination of care percentages.