Peake and Liddle (Child support)

The case of *Peake and Liddle* concerned a departure determination application brought before the court. The dispute involved the assessment of child support payments, specifically focusing on the income and financial resources of the parents, and their affiliation with a business. The decision under review was varied by the court.

The primary legal issue before the court was whether the income and financial resources of the parents, particularly in relation to their involvement in a business, justified a departure from the standard child support assessment. This required the court to consider the nature of their affiliation with the business and how that impacted their capacity to pay child support.

The court's reasoning centred on the principles governing departure determinations under the *Child Support (Registration and Collection) Act 1988*. It examined the evidence presented regarding the parents' financial circumstances and their connection to the business to ascertain if a departure was warranted. The court applied established legal principles to assess whether the standard assessment would be unfair in the circumstances, considering the income and financial resources available to each parent.