Gresham and Gresham (No 2)

In *Gresham and Gresham (No 2)*, Forrest J of the Federal Circuit Court of Australia considered an application to depart from an administrative assessment of child support. The dispute concerned the annual rate of child support payable between the mother, Ms Gresham, and the father, Mr Gresham, for their two children, B and C, for the period commencing 1 August 2016 and ending 31 December 2017.

The primary legal issue before the court was whether to depart from the child support assessment made under the *Child Support (Assessment) Act 1989* (Cth). This required the court to determine if the circumstances of the case warranted a departure from the standard assessment provisions.

Forrest J applied section 118 of the *Child Support (Assessment) Act 1989* (Cth), which permits a court to depart from an administrative assessment if it is satisfied that the assessment would be likely to be an inadequate or excessive assessment of the child support that should be paid, having regard to the child support needs of the child and the capacity of the parents to provide for those needs. The court found that a departure was warranted and made specific orders adjusting the child support payments.

The court ordered that the annual rate of child support payable by the mother to the father be fixed at $25,000, departing from the administrative assessment. Conversely, the court ordered that the annual rate of child support payable by the father to the mother be fixed at $nil, also departing from the administrative assessment for the specified period.