McPhail and Bradley and Anor (No.2)

In *McPhail and Bradley and Anor (No.2)*, heard by Judge Burchardt, the Applicant sought to vary or set aside a child support assessment. The Respondent sought to enforce the existing assessment and recover arrears. The core of the dispute concerned the Applicant's financial circumstances and their capacity to meet their child support obligations.

The primary legal issue before the Court was whether the Applicant had established grounds to vary or set aside the child support assessment under the relevant legislation, specifically considering their financial position and the best interests of the child. The Court also had to determine the quantum of any arrears owed and the appropriate orders for costs.

Judge Burchardt considered the evidence presented regarding the Applicant's income and expenses, and the Respondent's financial needs. The Court applied the principles of child support legislation, which prioritises the financial well-being of the child. After reviewing the submissions and evidence, the Court found that the Applicant had not satisfied the onus of proof required to vary or set aside the assessment. Consequently, the Court ordered that the Applicant pay the outstanding arrears of child support and the Respondent's costs.