Kirk and Cross (Child support)

This matter concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) by the applicant, Kirk, against the respondent, Cross. The dispute centred on the child support assessment for their child, and the applicant sought to depart from the standard assessment on various grounds, including the income, property, and financial resources of both parents, and the special needs of the child. The decision was made by J Cuthbert M.

The primary legal issue before the court was whether the existing child support assessment was unjust or inequitable to the applicant, and if so, whether a departure from that assessment was warranted. This required the court to consider the specific provisions of the *Child Support (Registration and Collection) Act 1988* relating to departure determinations, including the grounds upon which such a departure could be made and the factors the court must take into account when exercising its discretion.

J Cuthbert M found that the grounds for departure were established, particularly in relation to the financial circumstances of the parties and the special needs of the child. The court's reasoning involved a detailed examination of the evidence presented concerning the income and financial resources of both Kirk and Cross, as well as the specific costs associated with meeting the child's special needs. Applying the principles of the Act, the court concluded that the standard assessment would indeed be unjust and inequitable in the circumstances. Consequently, the court set aside the original decision and substituted its own determination.