Packwood and Packwood (Child support)

The case of *Packwood and Packwood* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicants sought to depart from the assessed child support amount due to significant orthodontic costs and costs associated with the children's education. The matter came before M Douglas M.

The primary legal issue before the court was whether the existing child support assessment should be departed from, having regard to the specific circumstances of the parties and the children. This involved considering whether the costs of significant orthodontic treatment and educational expenses constituted a "special circumstance" that warranted a departure from the standard assessment, and whether such a departure would be "just and equitable" having regard to the means of both parents.

The court's reasoning focused on the interpretation of the relevant provisions of the *Child Support (Registration and Collection) Act 1988* concerning departure from assessments. It considered the nature and extent of the orthodontic costs, assessing whether they were truly significant and necessary. Similarly, the court examined the educational expenses to determine if they fell within the scope of costs that could justify a departure. The court applied principles of statutory interpretation to ascertain the legislative intent behind the departure provisions, weighing the financial capacity of each parent against the claimed expenses to ensure any departure was both justified by the circumstances and equitable in its outcome.

The decision under review was varied.