Hellier and Rutter (Child support)

The matter of *Hellier and Rutter* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to depart from the assessed child support amount on the basis that the child's education was not being undertaken in a manner that both parents had expected. The decision under review was made by the Child Support Registrar.

The primary legal issue before the court was whether the Registrar had erred in refusing to make a departure determination. Specifically, the court had to consider whether the child's educational circumstances met the criteria for a departure, particularly concerning the expectation of both parents regarding the child's education and the income and financial resources of the parents.

The court found that the Registrar had failed to adequately consider the evidence regarding the parents' expectations for the child's education. It was determined that the child's current educational path differed significantly from what both parents had anticipated, and this difference constituted a relevant ground for a departure determination. The court applied the principles outlined in the *Child Support (Registration and Collection) Act 1988* concerning departures based on the child's education and the financial capacity of the parents.

Consequently, the court varied the decision under review, remitting the matter back to the Child Support Registrar for reconsideration in light of the court's findings.