Merriman and Allsebrook (Child support)

The case of Merriman and Allsebrook concerned a child support departure determination. The applicant, Merriman, sought to depart from the child support assessment made in relation to the respondent, Allsebrook. The dispute centred on the income, property, and financial resources of the liable parent, Allsebrook. The matter came before the court for review of a previous decision.

The primary legal issue before the court was whether a ground for departure from the child support assessment had been established, and if so, whether the court should exercise its discretion to depart from the assessment. This involved an examination of Allsebrook's financial circumstances and whether they were such that the assessment did not make proper or adequate provision for the child's needs.

The court considered the evidence presented regarding Allsebrook's income, property, and financial resources. It applied the principles of the *Child Support (Registration and Collection) Act 1988* (Cth) concerning departure determinations, specifically focusing on whether the existing assessment was unjust or inequitable given Allsebrook's financial position. The court found that a ground for departure was established.

Having found a ground for departure, the court then considered whether to substitute its own decision for the previous one. The court set aside the previous decision and substituted its own determination, indicating a departure from the original child support assessment.