Gagliardi and Gagliardi (Child support)

This matter concerned an appeal to the Child Support Special Referee (the Referee) regarding a departure determination made under the *Child Support (Registration and Collection) Act 1988* (Cth). The parties, referred to as Gagliardi and Gagliardi, were in dispute over the costs associated with the children's education.

The Referee was required to determine whether the original decision to depart from the administrative assessment of child support was justified. Specifically, the Referee had to consider whether the costs of the children's education were incurred in a manner that was expected by both parents, and whether these costs significantly affected the costs of maintaining the children. Furthermore, the Referee needed to assess the financial resources of both parents in relation to these educational expenses.

The Referee affirmed the original departure determination, finding that the costs of the children's education were indeed incurred in a manner expected by both parents and that these costs significantly impacted the overall cost of maintaining the children. The Referee's reasoning was grounded in the principle that a departure determination is warranted when such exceptional circumstances exist, taking into account the financial capacity of each parent to meet these additional expenses. The Referee concluded that the original decision correctly applied these principles.