Knowles and Cash (Child support)

This matter concerned an application for a departure determination under the Child Support (Assessment) Act 1989, brought by Ms Cash against Mr Knowles. The dispute centred on the child support payable by Mr Knowles as the liable parent.

The court was required to determine whether grounds for departure from the administrative assessment of child support existed, specifically under s 117(2)(c)(ia) of the Act, which relates to the income, property, and financial resources of either parent. The court also had to consider whether, if such grounds were established, a departure would be just and equitable as regards the children and each parent, and otherwise proper, in accordance with s 98C(1) of the Act.

The court applied the principles established in *Gyselman* (1992) FLC 92-279, which held that "special circumstances" for departure must be facts peculiar to the particular case that set it apart from other cases. The court noted that the legislative intent is not to interfere with the administrative formula result in ordinary cases. In this instance, the court considered Ms Cash's disclosed financial circumstances, including Centrelink payments, a scholarship, and family tax benefit, all of which were reflected in the administrative assessments. The court's reasoning focused on whether these circumstances constituted "special circumstances" that would render the administrative assessment unjust and inequitable.