Kelaher and Kelaher (Child support)

This matter concerned an application by the father, Mr Kelaher, for a departure from the minimum annual rate of child support payable to the mother, Ms Kelaher. The application was heard by Member P Jensen of the Child Support Special Powers Division. The core of the dispute revolved around whether the existing child support assessment was unjust and inequitable to Mr Kelaher, necessitating a departure.

The primary legal issue before the Member was to determine whether the child support assessment, set at the minimum annual rate, was unjust and inequitable to the father, having regard to the specific circumstances of the case. This required the Member to consider the provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) concerning departure from administrative assessments, particularly the grounds for finding an assessment unjust and inequitable.

In reaching a decision, the Member considered the father's earning capacity, his property, and his financial resources. The Member also took into account the property and financial resources of the child. The Member's reasoning focused on whether the existing assessment failed to take into account these factors to such an extent that it would be unjust and inequitable to continue with it. The Member ultimately found that the assessment was indeed unjust and inequitable.

Consequently, the Member set aside the original decision under review and substituted it with a new determination. The specific details of the substituted determination, including the revised child support amount, were not provided in the excerpt.