Goeser and Fluitt (Child support)

The case of Goeser and Fluitt concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to vary the child support assessment on the grounds of the special needs of the child, specifically relating to orthodontic treatment. The matter came before the court for review.

The primary legal issue before the court was whether the circumstances warranted a departure from the child support assessment to meet the costs of the child's orthodontic treatment. This involved considering the nature and extent of the child's special needs and whether the existing assessment adequately provided for them, particularly in light of any previous departure determinations that may have been made.

The court considered the evidence presented regarding the necessity and cost of the orthodontic treatment. It applied the principles governing departure determinations, which require the applicant to demonstrate that the assessment is not adequate to meet the special needs of the child. The court reviewed the previous determinations to understand the history of the child support arrangements and how they had addressed the child's needs. The court found that the previous decision under review was not justified and set it aside.

The court substituted its own decision, granting the departure determination to account for the orthodontic treatment costs.