Hawksley and Harker (Child support)

The matter of *Hawksley and Harker* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The primary dispute revolved around whether the liable parent's income, property, and financial resources, specifically in relation to the costs of education, constituted a ground for departure from the assessed child support amount. The decision was made by M Baulch M.

The court was required to determine whether the circumstances of the case met the criteria for a departure from the standard child support assessment. This involved considering whether the liable parent possessed income, property, or financial resources that, if taken into account, would result in a different child support amount, and whether the costs of education were a relevant factor justifying such a departure.

The court found that a ground for departure was established, indicating that the liable parent's financial circumstances, particularly concerning educational expenses, warranted a reassessment. Consequently, the court set aside the original decision regarding the departure determination and substituted its own decision.