Farkas and Conte (Child support)

The case of *Farkas and Conte* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The dispute involved the assessment of the income, property, and financial resources of both parents for the purpose of calculating child support. The decision under review was set aside and substituted by the court.

The primary legal issue before the court was whether to depart from the assessment of child support based on the actual financial circumstances of the parents, particularly considering benefits derived from a business. This required the court to examine the income, property, and financial resources available to each parent.

The court's reasoning focused on the benefits derived from the business and how these should be factored into the child support assessment. The legal principles applied involved a careful consideration of the parents' financial positions, aiming to ensure a just and equitable outcome in accordance with the objectives of the child support legislation. The court ultimately set aside the original decision and substituted its own determination.