Millward and Millward (Child support)

The matter of *Millward and Millward (Child Support)* concerned an application for a departure determination under the *Child Support (Assessment) Act 1989* (Cth). The applicant sought to have the child support assessment varied on the basis of the respondent's income, property, and financial resources. The core of the dispute involved a business decision made by the respondent which the applicant argued had significantly impacted the respondent's assessable income for child support purposes.

The primary legal issue before Member H Schuster was whether the existing child support assessment should be departed from. This required the court to consider whether the respondent's income, property, and financial resources were such that the assessment did not make proper or adequate provision for the child. Specifically, the court had to determine if the benefits derived by the respondent from a particular business decision, which was under review, warranted a departure from the standard assessment.

Member H Schuster reasoned that the respondent's actions in relation to the business decision had resulted in a situation where their actual financial capacity was not accurately reflected in the child support assessment. The court applied the principles of the *Child Support (Assessment) Act 1989* (Cth) concerning departure from assessments, focusing on the need to ensure that the assessment adequately provided for the child's needs, taking into account the parents' respective financial circumstances. The court found that the benefits derived from the business decision were a relevant financial resource that should be considered in the assessment. The court ordered that the departure determination be set aside and substituted with a new assessment that reflected the respondent's true financial position.