Garrison and Downey and Anor

The applicant, Garrison, sought a departure order from the child support assessment in relation to his child with the respondent, Downey. The application was heard by Judge Cassidy in the Federal Circuit Court of Australia.

The central legal issue before the court was whether the applicant had provided sufficient evidence to justify a departure from the child support assessment for a period exceeding eighteen months.

Judge Cassidy dismissed the applicant's application, finding that the evidence presented was insufficient to meet the threshold required for a departure order of that duration. The court applied the principles governing applications for departure orders under the relevant child support legislation, which necessitate a robust evidentiary basis to justify altering a child support assessment for an extended period.

Consequently, the court ordered that the applicant's application be dismissed and adjourned the matter for mention only.