Hesser and Packard (Child support)

The matter of Hesser and Packard concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The dispute involved the income, property, and financial resources of the parents, specifically in relation to the costs of education for the child. The decision under review was brought before the court for determination.

The court was required to consider whether to depart from the assessment of child support payable by the non-resident parent. This involved an examination of the specific circumstances of the parties and the child, with a particular focus on the financial capacity of each parent and the educational needs of the child. The central legal issue was whether the existing child support assessment adequately reflected the parties' financial situations and the costs associated with the child's education, justifying a departure.

The court's reasoning focused on the principles governing departure determinations, which allow for adjustments to child support assessments in exceptional circumstances. The court analysed the evidence presented regarding the income, property, and financial resources of both Hesser and Packard. It considered how these factors, in conjunction with the specific costs of the child's education, impacted the overall fairness of the existing assessment. The court applied the relevant provisions of the *Child Support (Registration and Collection) Act 1988* to determine if a departure was warranted.

The court set aside the previous decision and substituted its own orders regarding the departure determination.