Luck and Luck

The case of *Luck and Luck* involved competing applications by the husband and wife to depart from administrative assessments of child support. The dispute concerned the financial obligations of both parents towards their three children, P, G, and I, following their separation. The matter was heard by Brown J in the Family Court of Australia.

The primary legal issues before the court were whether to depart from the administrative child support assessments and, if so, on what terms. Specifically, the court had to determine the appropriate amounts of periodic and non-periodic child support payable by the husband to the wife, and vice versa, considering the children's educational and other expenses. The court was also required to consider the grounds for departure under the *Child Support (Assessment) Act 1989*, including whether special circumstances existed to justify such a departure and whether the proposed orders would be just and equitable.

Brown J found that special circumstances existed, justifying a departure from the administrative assessments. The court reasoned that relying solely on taxable incomes would lead to an unjust and inequitable determination of financial support, given the parties' financial positions, earning capacities, and property resources. The court ordered the husband to pay periodic child support of $130 per child per week for G and I, and non-periodic child support for their school fees and associated expenses. A specific lump sum payment was ordered for P's educational expenses. The court also ordered that the husband's child support obligations be secured by a caveatable charge over his farming property. In relation to the wife, the court ordered that her child support obligation for I be nil.