Linnell and Lomas (Child support)

This matter concerned an application by the liable parent, Mr. Linnell, for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The dispute centred on whether the child support assessment should be varied due to the income, property, and financial resources of Mr. Linnell. The Senior Member of the court was required to determine if a ground for departure was established and, if so, whether to depart from the assessment.

The primary legal issue before the court was whether the existing child support assessment was unfair to the liable parent, Mr. Linnell, given his income, property, and financial resources. This required an examination of whether Mr. Linnell's financial circumstances met the criteria for a departure from the standard assessment provisions. The court had to consider the specific provisions of the *Child Support (Registration and Collection) Act 1988* that permit such departures.

The Senior Member found that a ground for departure was established. In reaching this conclusion, the court applied the principles governing departure determinations, which involve assessing whether the assessment would be unfair in the circumstances of the case. The court considered the evidence presented regarding Mr. Linnell's financial position and determined that it warranted a departure from the assessed amount. Consequently, the Senior Member set aside the original decision and substituted it with a new determination.