Pirelli and Pirelli & Anor

In *Pirelli and Pirelli & Anor*, Hogan J considered an application by the mother seeking a departure from the administrative assessment of child support payable by the father for the parties' child. The mother sought orders for the father to pay the child's private school fees and associated costs, as well as private health insurance premiums, in addition to the assessed amount. The father had sought an adjournment of the application until the latest assessment was determined.

The court was required to determine whether the mother had established a ground for departure from the administrative assessment under section 116 of the *Child Support (Assessment) Act 1989* (Cth). Specifically, the court had to consider if it was just and equitable and otherwise proper to make a departure order, and if so, whether payment in a form other than periodic payment was warranted under section 117 of the Act, given the special circumstances of the case. The court also considered the father's obligation to pay school costs and private health insurance premiums as non-periodic child support under section 124 of the Act.

Hogan J found that the mother had established grounds for departure and that it was just and equitable to make a departure order. The court reasoned that the specific circumstances warranted ordering the father to pay the child's private school fees directly, in addition to the standard child support assessment. This was to be calculated based on the school's fee schedule and paid monthly. Furthermore, the court ordered the father to pay, as non-periodic child support, all school costs not otherwise covered by the orders, including extra-curricular activities, uniforms, books, excursions, private tutoring, and school-related equipment, as well as private health insurance premiums and any medical gap payments.

The court ordered that the father pay child support in accordance with the administrative assessment, and in addition, pay the child's private school fees as specified. The father was also ordered to pay specified school costs and private health insurance premiums as non-periodic child support. The annual rate of child support payable under the administrative assessment was not to be reduced by these additional payments.