Harmann and Burnett (Child support)

This matter concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) by the respondent parent, Mr. Burnett, against the applicant parent, Ms. Harmann. The dispute centred on the assessment of child support payable by Mr. Burnett, with the core of the disagreement relating to the inclusion of income derived from a business and a trust in his assessable income for child support purposes. The decision was made by the Child Support Registrar and subsequently reviewed by the Administrative Appeals Tribunal.

The Administrative Appeals Tribunal was required to determine whether there were special circumstances that justified a departure from the usual method of calculating child support. Specifically, the Tribunal had to consider whether the income and financial resources of Mr. Burnett, including those generated through his business and trust arrangements, were such that the standard assessment did not do justice to the parties' respective capacities to provide financial support for the child.

In reaching its decision, the Tribunal applied the principles of the *Child Support (Registration and Collection) Act 1988* (Cth), focusing on the criteria for a departure determination. The Tribunal found that while Mr. Burnett had significant income and financial resources derived from his business and trust, these were not considered "special circumstances" that warranted a departure from the statutory formula. The Tribunal reasoned that the income was legitimately earned and available to Mr. Burnett, and therefore, the standard assessment accurately reflected his capacity to pay child support.

The Tribunal affirmed the decision of the Child Support Registrar, meaning that the original child support assessment remained in place.