Lander and Selly (Child support)

The case of *Lander and Selly* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to vary a previous departure determination regarding child support payments. The core of the dispute revolved around the increased costs associated with a change in the child's schooling, which the applicant argued was in the manner expected by the parents. The matter was heard by P Jensen M.

The primary legal issue before the court was whether the change in the child's schooling, leading to higher educational costs, constituted a ground for departure from the existing child support assessment. Additionally, the court was required to consider the applicant's alleged failure to make full and frank disclosure of their financial circumstances in relation to the application.

P Jensen M found that the increased costs arising from the change of school did indeed constitute a ground for departure, as it reflected the parents' prior expectations for the child's education. However, the court also determined that the applicant had failed to provide full and frank disclosure of their financial position. Consequently, the previous decision under review was set aside and substituted with a new determination.