Orbell and Pitchford (Child support)

The case of *Orbell and Pitchford* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to have the child support assessment varied on the basis of the respondent's earning capacity. The decision under review was made by the Registrar of the Child Support Agency.

The primary legal issue before the court was whether the criteria for a departure determination, as set out in section 117 of the *Child Support (Registration and Collection) Act 1988*, were met. Specifically, the court had to consider whether the respondent's earning capacity was significantly different from their actual earnings, whether this difference was likely to continue for a period of at least 12 months, and whether the departure from the assessment would be just and equitable.

The court, presided over by Member K Buxton, found that all three criteria for a departure determination were satisfied. The reasoning focused on the respondent's demonstrable earning capacity, which was significantly higher than their current income. The court determined that this disparity was likely to persist for the requisite 12-month period. Furthermore, the court concluded that varying the child support assessment to reflect the respondent's earning capacity would be just and equitable in the circumstances.

Consequently, the decision under review was varied.