Fulbeck and Duneford (Child support)

This matter concerned an application by the father, Fulbeck, to depart from an administrative assessment of child support payable to the mother, Duneford. The dispute centred on the father's claim for reimbursement of expenses related to the children's orthodontic treatment and their attendance at a non-government school, which he had unilaterally enrolled them in. The father sought to deduct private health insurance reimbursements from the total orthodontic costs and argued that the school fees were necessary for the children to be "educated in the manner expected."

The court was required to determine whether the father was entitled to a departure from the administrative assessment to account for the orthodontic treatment costs, after the deduction of private health insurance reimbursements. It also had to consider whether the fees and ancillary costs for the non-government school should be included in the departure application, particularly given the father's sole decision to enrol the children in that school without the mother's consent. Furthermore, the court needed to assess the father's income, property, and financial resources, including his access to business finances, and the mother's financial circumstances, noting her change from casual to permanent employment which had decreased her income.

The Senior Member applied the principles of the *Child Support (Registration and Collection) Act 1988* concerning departure from administrative assessments. The court reasoned that while orthodontic treatment could be considered a special need, the father's calculation of the costs was flawed by his failure to properly account for the private health insurance reimbursement. Regarding the school fees, the court found that the father's unilateral decision to enrol the children in a non-government school, without the mother's consent, meant that the costs were not incurred in a manner that would justify a departure from the assessment. The court also considered the parties' financial positions, noting the father's access to business finances and the mother's reduced income.

The Senior Member set aside the original decision under review and substituted a new decision. The application for departure in relation to the school fees was dismissed. The application for departure in relation to orthodontic treatment was granted, but the amount was adjusted to reflect a proper calculation of the net cost after insurance reimbursement.