Grainger and Grainger (Child support)

The matter of *Grainger and Grainger* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to vary the assessed child support payable by the respondent. The decision was made by Member H Moreland.

The primary legal issue before the Court was whether the grounds for departure from the standard child support assessment, as provided for in section 117 of the Act, were established. Specifically, the Court had to consider whether the respondent possessed income, property, or financial resources that were not taken into account in the assessment, or whether the child had special needs, and if either of these circumstances would result in an unjust or inequitable outcome if the assessment were not departed from.

Member Moreland found that a ground for departure was established, specifically relating to the special needs of the child. The Court reasoned that the standard assessment did not adequately account for these particular needs, and that to maintain the existing assessment would lead to an unjust and inequitable outcome for the child. Consequently, the Court set aside the original decision to depart and substituted its own decision.