Myerscough and Coombe (Child support)

This matter concerned an appeal to the court regarding a departure determination made under the *Child Support (Registration and Collection) Act 1988* (Cth). The parties involved were Myerscough and Coombe, and the dispute centred on the special needs of their children and the income, property, and financial resources of both parents. The decision under review was set aside and substituted by the court.

The primary legal issue before the court was whether the original departure determination had been made correctly, specifically in relation to assessing the special needs of the children and the financial circumstances of each parent. The court was required to consider whether the existing child support assessment adequately met the children's special needs and whether the income, property, and financial resources of both Myerscough and Coombe had been properly taken into account in the original decision.

The court's reasoning involved a careful re-examination of the evidence presented regarding the children's special needs and the financial positions of both parties. It applied the principles established in child support legislation and relevant case law concerning departure determinations. The court found that the original decision did not adequately address the specific requirements arising from the children's special needs and that the assessment of the parents' financial resources was also flawed. Consequently, the court determined that a substituted decision was necessary to ensure a just and equitable outcome.