Orbell and Orbell (Child support)

The matter of *Orbell and Orbell* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to vary the child support assessment on the basis of the costs of the child's education. The respondent contested this, arguing that the child was being educated in the manner expected by both parents. The decision was made by Senior Member R Ellis.

The primary legal issue before the court was whether the existing child support assessment should be departed from to account for the costs of the child's education. This required the court to consider the provisions of the *Child Support (Registration and Collection) Act 1988* relating to departure determinations, specifically the criteria for varying assessments based on the costs of education and the income, property, and financial resources of the liable parent. The court also had to assess the earning capacity of the liable parent, who was engaged in irregular, intermittent work as a sub-contractor.

Senior Member Ellis reasoned that the costs of the child's education were not being adequately met by the current assessment. The court found that the child was indeed being educated in a manner consistent with the parents' expectations. Crucially, the court considered the liable parent's irregular income and assessed their earning capacity, concluding that a departure was justified. The decision under review was set aside and substituted with a new determination.