Kuzner and Kersley (Child support)

The matter of *Kuzner and Kersley* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicants sought to have the assessment of child support varied to include the costs of orthodontic treatment for their children. The decision under review was affirmed.

The primary legal issue before the court was whether the costs of orthodontic treatment constituted a necessary expense for the children that warranted a departure from the standard child support assessment. This involved considering the provisions of the *Child Support (Registration and Collection) Act 1988* relating to departure determinations and the criteria for establishing that a departure is justified.

The court's reasoning focused on the interpretation of "necessary expenses" in the context of child support. It was determined that while orthodontic treatment can be beneficial, it is not always considered a "necessary" expense in the same way as basic needs like food, shelter, and education. The court applied the principles that departure from a child support assessment should only occur in exceptional circumstances and that the onus is on the applicant to demonstrate that the standard assessment is not just and equitable. The court found that the applicants had not discharged this onus.