Harrison and Harrison (Child support)

The matter of *Harrison and Harrison* concerned an application by the father for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The father sought to depart from the child support assessment made by the Registrar, arguing that the assessment was not just and equitable. The decision was made by Member C Breheny in the Child Support Division of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the father had established any of the grounds for departure from a child support assessment as set out in section 117 of the Act. Specifically, the Tribunal had to consider if the circumstances of the case were exceptional and if it would be just and equitable to make a departure determination.

Member Breheny considered the father's submissions regarding his financial circumstances and the child's needs. However, the Tribunal found that the evidence presented did not demonstrate that the assessment was not just and equitable, nor did it establish any of the specific grounds for departure outlined in section 117 of the Act. The Tribunal concluded that the circumstances were not exceptional and that it would not be just and equitable to depart from the assessment. Consequently, the application to depart was refused, and the decision under review was affirmed.