Pickwick and Nickins (Child support)

This matter concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) brought by the liable parent, Pickwick, against the payee parent, Nickins. The dispute centred on whether the existing child support assessment should be departed from due to Pickwick's asserted financial circumstances and the special needs of the child. Member D Tucker presided over the proceedings.

The primary legal issue before the court was whether the circumstances of the case warranted a departure from the administrative assessment of child support. Specifically, the court had to determine if Pickwick had established a ground for departure under the Act, considering his income, property, and financial resources, as well as the special needs of the child. The court was then required to decide whether, having established a ground, it should make a departure determination.

The court found that a ground for departure was established, primarily due to the special needs of the child. The reasoning focused on the specific requirements of the child that were not adequately met by the standard assessment. Having found a ground, the court then considered the appropriate departure. The decision to depart was made, and the court set aside the original departure determination and substituted its own.