Fairall and Aveyard (Child support)

This matter concerned an application by the liable parent, Mr. Fairall, for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) to reduce his child support liability. The application was heard by Senior Member Trotter of the [Name of Tribunal/Court]. The dispute centred on whether the liable parent's income, property, and financial resources warranted a departure from the standard assessment.

The primary legal issue before the Senior Member was whether the liable parent had established a ground for departure under section 117 of the Act. Specifically, the court had to determine if the liable parent's actual financial circumstances, including his income, property, and financial resources, were significantly different from those assumed in the child support assessment, and if this difference justified a departure.

The Senior Member found that the liable parent had indeed established a ground for departure. The reasoning focused on the liable parent's limited income and significant debts, which demonstrably impacted his capacity to pay the assessed child support. The legal principle applied was that a departure determination is permissible where the liable parent's financial situation is substantially different from what the standard assessment presumes, and where such a departure is found to be just and equitable. The Senior Member varied the decision to depart, reflecting the established ground.