Jayes and Jowett (Child support)

This matter concerned an appeal by the father, Jayes, against a departure determination made by the Registrar of the Child Support Agency. The dispute centred on whether the costs of the children's private school education should be considered in the assessment of child support, and whether these costs were affected in a significant manner by the manner in which both parents expected the children to be educated. The appeal was heard by the Federal Magistrates Court of Australia.

The primary legal issue before the Court was whether the Registrar had erred in her decision to depart from the standard child support assessment. Specifically, the Court was required to determine if the costs associated with the children's private schooling were a relevant factor for departure, and if so, whether these costs had a significant impact on the parents' financial circumstances, consistent with the criteria for a departure determination under the *Child Support (Registration and Collection) Act 1988*.

The Court considered the evidence presented regarding the parents' respective expectations for the children's education. It was noted that both parents had, at various times, expressed a desire for the children to attend private schools. The Court reasoned that where both parents share an expectation for private education, and the costs associated with this education are substantial, it may be appropriate to depart from the standard assessment to reflect these costs. The Court applied the principles of the *Child Support (Registration and Collection) Act 1988*, focusing on the "manner expected by both parents" and whether the costs affected the child support assessment in a "significant manner".

The Court found that the Registrar had not erred in her decision to depart from the assessment. The appeal was dismissed, and the departure determination was affirmed.