Maltby and Gotts (Child support)

This matter concerned an appeal by the liable parent, Mr Maltby, against a departure determination made by the Child Support Registrar. The dispute centred on whether the liable parent should be required to contribute to the private school fees for his three younger children, who were attending an Anglican school, as opposed to the systemic Catholic schools previously attended by the older children. The Senior Member of the Tribunal was tasked with reviewing the Registrar's decision.

The primary legal issue before the Tribunal was whether the children were being educated in the manner that was expected by their parents, a prerequisite for a departure determination under the relevant legislation. This involved assessing the parents' past conduct and expressed intentions regarding their children's education, particularly in light of the father's change in position regarding the type of private school and his stated inability to afford the associated fees. The Tribunal also had to consider whether it was just and equitable to depart from the assessment of child support, taking into account the parents' financial positions.

The Tribunal reasoned that the parents had a long-held expectation that their children would receive a private education, evidenced by the enrolment of the older children in systemic Catholic schools. While the father's expressed preference shifted to an Anglican school with higher fees, and he claimed he could no longer afford private school costs, the Tribunal found that his objection to a specific school did not negate the general expectation of private education. The Tribunal was satisfied that the middle children were being educated in the manner expected by their parents, and that the father's change of view was partly due to disillusionment with a particular school and partly due to financial concerns. The Tribunal concluded that a ground for departure was established.

The Tribunal set aside the decision under review and substituted its own decision, ordering a departure from the assessment of child support to include contributions towards the private school fees for the three younger children.