Hadaway and Hadaway (Child support)

The case of *Hadaway and Hadaway* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The primary dispute involved the assessment of the income and financial resources of the parents, particularly in relation to business income, and the consideration of the costs of education and special needs of the children. The matter came before Judicial Officer Cuthbert M.

The court was required to determine whether the assessment of the parents' financial circumstances, as reflected in the child support assessment, was unjust or inequitable. This involved scrutinising the inclusion or exclusion of certain business income and assessing whether the existing child support assessment adequately accounted for the specific educational expenses and any special needs of the children.

Judicial Officer Cuthbert M set aside the previous decision and substituted a new one. The reasoning involved a detailed examination of the parties' financial positions, with a focus on accurately capturing all relevant income and financial resources, including those derived from business activities. The court applied principles of child support law to ensure the assessment was just and equitable, taking into account the specific circumstances of the children, including their educational costs and any identified special needs, to arrive at a revised determination.