Horler and Horler (Child support)

The case of *Horler and Horler* 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, arguing that the liable parent possessed income, property, and financial resources that were not adequately reflected in the assessment. The matter came before the court for review of a previous decision.

The central legal issue before the court was whether the grounds for a departure determination were established, specifically concerning the income, property, and financial resources of the liable parent. The court was required to assess whether the existing child support assessment was unfair due to these circumstances and whether a departure was warranted to ensure a just and equitable outcome for the child.

The court considered the evidence presented regarding the liable parent's financial position. It applied the principles of the *Child Support (Registration and Collection) Act 1988* relating to departure determinations, which allow for adjustments to assessed child support amounts in specific circumstances, including where a parent's actual financial capacity significantly exceeds their assessed income. The court found that the grounds for departure were established. Consequently, the court set aside the previous decision and substituted its own determination.