Masland and Dewing (Child support)

Masland and Dewing concerned a child support departure determination application brought before the Federal Circuit Court of Australia. The dispute involved the assessment of the income, property, and financial resources of both parents, with a particular focus on benefits derived from a business. The decision under review was ultimately set aside and substituted.

The court was required to determine whether the existing child support assessment did not take into account the full financial circumstances of the parents, specifically in relation to income and financial resources derived from a business. The central legal issue was whether a departure from the standard assessment was justified under the *Child Support (Registration and Collection) Act 1988* (Cth).

In reaching its decision, the court considered the nature of the benefits derived from the business and how these should be attributed to the parents for the purposes of child support. The court applied the principles governing departure determinations, focusing on whether the assessment was unfair given the actual financial position of the parties. The court found that the existing assessment did not adequately reflect the financial reality of the parents, particularly concerning the business's contributions.

Consequently, the court set aside the previous departure determination and substituted its own, adjusting the child support assessment to reflect the court's findings regarding the parents' income and financial resources.