Gilmore and Gilmore (Child support)

The case of Gilmore and Gilmore concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The primary dispute revolved around the assessment of the income and financial resources of the parents, particularly concerning business income, and whether the child's education costs should be considered in a manner expected by both parents. The matter came before the court for review of a previous decision.

The court was required to determine whether the previous decision regarding the departure from the standard child support assessment was justified. Specifically, it needed to assess whether the income and financial resources of the parents, including income derived from business activities, had been accurately determined. Furthermore, the court had to consider whether the costs associated with the child's education were of a nature that both parents would have reasonably expected to contribute to, in line with the principles of child support.

In its reasoning, the court applied the principles governing departure determinations under the *Child Support (Registration and Collection) Act 1988*. This involved a careful examination of the evidence presented regarding the parents' financial circumstances, including the complexities of business income. The court considered the specific educational needs and costs of the child and assessed whether these expenses fell within the scope of what could be considered a reasonable expectation of both parents. The court ultimately found that the previous decision was not sound and set it aside. The court substituted its own decision, which involved a revised assessment of the parents' financial resources and a determination regarding the child's education costs.