O’Connell and Lolley (Child support)

The case of *O’Connell and Lolley* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to depart from the assessed child support amount, arguing that the respondent, as the carer entitled to receive child support, possessed income, property, and financial resources that were not adequately reflected in the assessment. The matter came before the court for review of a previous decision.

The central legal issue before the court was whether a ground for departure from the child support assessment had been established, and if so, whether it was just and equitable to depart from the assessment, and if so, what the departure amount should be. Specifically, the court had to consider if the respondent's financial circumstances warranted an adjustment to the child support payable.

The court's reasoning focused on the specific income, property, and financial resources of the respondent. It applied the principles outlined in the *Child Support (Registration and Collection) Act 1988* regarding departure from assessments, which require the applicant to demonstrate that the assessment is not fair and just due to the respondent's financial position. The court considered the evidence presented regarding these resources and their impact on the respondent's capacity to contribute to the child's support.

The court found that a ground for departure was established. Consequently, the previous decision to depart was set aside and substituted with a new determination regarding the child support payable.