GORTON & GORTON

In the matter of *Gorton & Gorton*, the applicant sought a departure from an administrative assessment of child support. The respondent sought costs in relation to this application, and also in relation to a separate application for costs which the applicant had discontinued. The proceedings were before Judge Scarlett.

The primary legal issue before the court was whether it had jurisdiction to make a departure order, given that the application was considered incompetent. A further issue concerned the appropriate order for costs, particularly in light of the applicant’s discontinuance of the costs application.

Judge Scarlett found that the application for a departure order was incompetent and therefore the court lacked jurisdiction to make such an order. Consequently, the application for departure was dismissed. The court also determined that the applicant should pay the respondent's costs of both the departure application and the discontinued costs application, to be assessed according to the usual scale.

The court ordered that the applicant pay the respondent's costs of the child support departure application and the application for costs in the fixed sum of $3,755.00, with the applicant being allowed three months to satisfy this payment.