Fallon and Fallon (Child support)

The case of *Fallon and Fallon* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The primary dispute involved the special needs of a child and the income, property, and financial resources of the liable parent, specifically income derived from the operation of a business. The matter came before the court for review of a previous decision.

The court was required to determine whether the existing child support assessment should be departed from, considering the special needs of the child and the financial capacity of the liable parent. This involved an assessment of the liable parent's income, property, and financial resources, with a particular focus on income generated from their business operations.

The court's reasoning involved a detailed examination of the evidence presented regarding the child's special needs and the liable parent's financial circumstances. The legal principles applied would have centred on the criteria for a departure determination as set out in the relevant legislation, requiring the court to be satisfied that the departure would be in the best interests of the child and that the assessment was not adequate or proper. The court ultimately set aside the previous decision and substituted its own determination.