Hanchett and Hanchett (Child support)

This matter concerned an appeal to the Full Court of the Family Court of Australia regarding a child support departure determination. The appeal was brought by the liable parent, Mr Hanchett, against a decision of the Child Support Registrar which had granted a departure from the standard child support assessment. The dispute centred on whether the Registrar had erred in finding that a ground for departure was established and in subsequently making a departure determination.

The primary legal issues before the Full Court were whether the Registrar had correctly applied the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) in determining that the costs of the child's education constituted a ground for departure, and whether the Registrar's decision to depart from the assessment was justified. Specifically, the court considered whether the costs of the child's education were of a kind that were not covered by the standard assessment and whether these costs were incurred in a manner that was reasonable and expected by both parents.

The Full Court analysed the evidence concerning the child's schooling and the financial commitments of both parents. It was found that the Registrar had correctly identified that the costs associated with the child's private school education, including tuition fees and associated expenses, were not adequately reflected in the standard assessment. The court affirmed that where a child's educational costs are significant and were reasonably expected by both parents at the time of separation, this can constitute a ground for departure. The Registrar's decision to depart was upheld as being within the scope of the legislation and supported by the evidence presented.

The Full Court set aside the Registrar's departure determination and substituted its own.