Healey and Ripley (Child support)

The Administrative Appeals Tribunal considered an application by Healey and Ripley concerning a child support assessment. The dispute centred on whether the existing fixed annual rate of child support was unjust and inequitable in the circumstances.

The Tribunal was required to determine whether the fixed annual rate of child support payable by one party to the other was unjust and inequitable under section 117 of the *Child Support (Registration and Collection) Act 1988* (Cth). This involved assessing whether the assessment, if it were to remain unchanged, would be unjust or inequitable having regard to a range of factors, including the child's right to a proper standard of living and the financial circumstances of both parties.

In reaching its decision, the Tribunal applied the principles outlined in section 117 of the Act, which permits the setting aside of an administrative assessment if it would be unjust or inequitable. The Tribunal considered the specific financial positions of both Healey and Ripley, the needs of the child, and any other relevant circumstances presented. The Tribunal found that the existing fixed annual rate did indeed create an unjust and inequitable outcome.

Consequently, the Tribunal set aside the decision under review and substituted it with a new child support assessment that reflected the changed circumstances and the Tribunal's findings regarding justice and equity.