Newsome and Newsome (Child support)

This matter concerned an application by the father, Mr. Newsome, for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) to reduce his child support assessment. The mother, Ms. Newsome, sought to have the father's application set aside and substituted with a new order. The dispute centred on the father's claim of reduced earning capacity due to medical incapacity and the mother's assertion of unremunerated labour for his partner's business. The application was heard by Senior Member D Benk.

The primary legal issues before the court were whether the father had established grounds for a departure from the child support assessment, specifically concerning the costs of education, and whether his earning capacity had been significantly affected by medical incapacity. The court also had to consider the impact of the father's unremunerated labour for his partner's business on his financial resources and earning capacity, and whether the mother's application to set aside and substitute the father's application should be granted.

Senior Member Benk considered the evidence presented regarding the father's medical condition and its impact on his ability to work. The court applied the principles of the *Child Support (Registration and Collection) Act 1988* concerning grounds for departure, including the costs of education and the assessment of income, property, and financial resources. The court found that the father had not sufficiently demonstrated that his medical incapacity had led to a significant reduction in his earning capacity to warrant a departure determination. Furthermore, the court considered the unremunerated labour provided by the father to his partner's business, assessing its potential impact on his overall financial position.

The court ultimately dismissed the father's application for a departure determination and set aside his application. The mother's application for a substituted order was also dismissed.