Gilson and Gilson (Child support)

The matter of *Gilson and Gilson* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The primary dispute revolved around the income, property, and financial resources of the liable parent, and whether these warranted a departure from the standard child support assessment. The decision was made by M Douglas M.

The court was required to determine whether a ground for departure was established based on the liable parent's financial circumstances. Specifically, the court had to assess whether the liable parent's actual income, property, and financial resources were significantly different from those presumed by the child support formula, and if this difference would result in an unjust or inequitable outcome if the assessment were not departed from.

The court found that a ground for departure was indeed established. In reaching this conclusion, the court considered the specific financial information presented regarding the liable parent's income, property, and financial resources. The court applied the principles of the *Child Support (Registration and Collection) Act 1988* to these facts, determining that the disparity in financial circumstances justified a departure from the standard assessment to ensure a just and equitable outcome for the child. The decision to depart was upheld.