Gunton and Zeal (Child support)

This matter concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant, Gunton, sought to depart from the assessed child support amount payable by the respondent, Zeal, on the grounds that Zeal possessed income, property, and financial resources beyond those disclosed in the assessment. The decision was made by Senior Member K Dordevic.

The primary legal issue before the court was whether the grounds for departure, as specified in section 117 of the *Child Support (Registration and Collection) Act 1988*, were established. Specifically, the court had to determine if Zeal's actual financial position, including undisclosed income, property, or financial resources, was such that it would be inequitable to continue to assess child support based on the information then before the Child Support Registrar.

The Senior Member found that the evidence presented established a ground for departure. The court reasoned that Zeal had failed to disclose significant financial resources, which rendered the current assessment inequitable. Applying the principles of child support law, which aim to ensure that assessments reflect the true capacity of a liable parent to pay, the Senior Member concluded that a departure was warranted.

Consequently, the Senior Member set aside the decision under review and substituted it with a new decision to depart from the assessment. The specific details of the substituted assessment were not provided in the excerpt.