Greasley and Hunnisett (Child support)

This matter concerned an application for a departure determination under the *Child Support (Assessment) Act 1989* (Cth) brought before Member Y Webb of the Child Support Special Powers Division. The applicants sought to depart from the child support assessment based on the income, property, and financial resources of the parents, as well as the cost of educating the child.

The primary legal issue before the court was whether the circumstances of the case met the threshold for a departure determination under section 98F of the Act. Specifically, the court had to consider if the existing assessment was unjust or inequitable having regard to the grounds raised by the applicants, including the financial positions of the parties and the educational expenses for the child.

The Member considered the evidence presented regarding the parties' financial circumstances and the child's educational costs. The court applied the principles established in child support departure jurisprudence, which require a high threshold to be met before an assessment can be altered. After reviewing the submissions and evidence, the Member found that no ground for departure had been established. The court concluded that the existing assessment remained just and equitable in the circumstances.

Consequently, the application for a departure determination was refused, and the decision under review was affirmed.