Hollyer and Johnstone (Child support)

This matter concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) brought by the respondent father, Mr Hollyer, against the applicant mother, Ms Johnstone. The dispute centred on whether the father's child support assessment should be varied due to the mother's alleged income, property, and financial resources. The decision was made by Senior Member S De Bono of the Child Support Special Powers Division.

The primary legal issue before the court was whether the mother's circumstances, specifically her income, property, and financial resources, were such that the existing child support assessment was unjust and inequitable. This required the court to consider whether a ground for departure was established under the Act, and if so, whether it was appropriate to depart from the assessment and make a substituted decision.

Senior Member De Bono found that a ground for departure was established, concluding that the mother's financial resources were not accurately reflected in the current assessment. The court applied the principles outlined in the *Child Support (Registration and Collection) Act 1988*, which permit a departure from a child support assessment in certain circumstances, including where the assessment is unjust or inequitable due to the financial resources of a parent. The Senior Member determined that the mother possessed financial resources that, if taken into account, would significantly alter the child support payable.

The Senior Member set aside the existing child support assessment and substituted a new assessment reflecting the mother's financial position.