Madacsi and Giancarlo (Child support)

This matter concerned an application by the father, Mr Giancarlo, to set aside a child support assessment made by the Registrar. The dispute centred on the costs associated with the children's private education, which the father argued should be considered in the assessment. The application was heard by Member P Noonan of the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the existing child support assessment was unjust and inequitable having regard to the respective financial situations of the parents, particularly in light of the children’s enrolment in private schooling. The core legal issue was whether the costs of private education constituted a relevant factor that warranted a departure from the standard assessment.

Member P Noonan reasoned that while the *Child Support (Registration and Collection) Act 1988* (Cth) does not automatically include private school fees in child support assessments, such costs can be considered when determining if an assessment is unjust and inequitable. The Tribunal applied the principles of justice and equity, considering the income and financial resources of both parents. The Member found that the father had demonstrated that the existing assessment was indeed unjust and inequitable due to the significant private education costs.

Consequently, the Tribunal set aside the decision under review and substituted a new assessment that took into account the children's private education expenses, aiming for a just and equitable outcome for both parents.