Gundy and Zachry (Child support)

The case of *Gundy and Zachry* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to depart from the assessed child support amount, arguing that the liable parent's income, property, and financial resources warranted such a departure. The Deputy President, K Synon P, presided over the review.

The primary legal issue before the Deputy President was whether a ground for departure from the child support assessment had been established, and if so, whether it was just and equitable to make a departure determination. This involved considering the specific circumstances of the liable parent's financial position in relation to their child support obligations.

The Deputy President found that a ground for departure was indeed established. In reaching this conclusion, the Deputy President applied the principles outlined in the *Child Support (Registration and Collection) Act 1988*, which permit departures from assessed amounts in certain circumstances, including where the liable parent's income, property, or financial resources are significantly different from what was assumed in the assessment. The Deputy President's reasoning focused on the specific financial evidence presented concerning the liable parent.

The decision under review was set aside and substituted with a new determination reflecting the findings made by the Deputy President.