Macord and Defty (Child support)

This matter concerned an application by the father, Macord, for a departure from the child support assessment made under the *Child Support (Assessment) Act 1989* (Cth) in relation to his two children, who reside with the mother, Defty. The father sought to have the assessment departed from on the basis that his child support liability was unjust and unreasonable due to the specific circumstances of the case.

The primary legal issue before the court was whether the existing child support assessment was unjust and unreasonable, and if so, whether a departure from that assessment was warranted under section 117 of the *Child Support (Assessment) Act 1989*. This required the court to consider the various grounds for departure outlined in the Act, including whether the assessment failed to take into account the child's right to be considered in the assessment, and whether the assessment failed to take into account the capacity of the parents to provide for the child.

Magistrate Dordevic considered the father's financial circumstances, including his income and expenses, as well as the mother's financial circumstances and the needs of the children. The court applied the principles of section 117, weighing the father's arguments for departure against the overarching objective of ensuring adequate financial provision for the children. The court found that while the father's circumstances were challenging, they did not meet the threshold for a finding that the assessment was unjust or unreasonable to the extent that a departure was required.

The application for departure was dismissed.