Leith and Proctor (Child support)

This matter concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) brought by Leith (the applicant) against Proctor (the respondent). The dispute centred on whether the child support assessment should be departed from, with the applicant seeking a departure based on the income, property, financial resources, and earning capacity of both the child and the respondent parent. The decision was made by M King M in the [Court Name].

The primary legal issue before the court was whether the existing child support assessment was unfair to the applicant, necessitating a departure. This required the court to consider whether any of the grounds for departure, as outlined in the *Child Support (Registration and Collection) Act 1988*, were established. Specifically, the court had to assess the income, property, financial resources, and earning capacity of the child and the respondent parent to determine if these factors rendered the assessment unjust.

M King M found that no ground for departure was established. The court's reasoning focused on the evidence presented regarding the financial circumstances of the parties and the child. After considering all relevant factors, the court concluded that the existing child support assessment was not unfair and therefore no departure was warranted. The decision of the [Lower Court/Agency] not to depart from the assessment was affirmed.