Rakes and Rakes (Child support)

This matter concerned an appeal to the Full Court of the Family Court of Australia regarding a departure determination made by a Registrar concerning child support. The appeal was brought by the father, Mr Rake, against the mother, Ms Rake. The core of the dispute revolved around the costs associated with the children's education and whether these costs significantly affected the parents' financial circumstances in a way that warranted a departure from the standard child support assessment.

The Full Court was required to determine whether the Registrar erred in their assessment of the costs of the children's education and whether these costs were incurred in a manner that was expected by both parents. Furthermore, the Court had to consider whether the financial resources of both parents were such that the Registrar's decision to depart from the assessment was justified, or if the Registrar had misapplied the relevant principles under the *Child Support (Registration and Collection) Act 1988*.

The Court found that the Registrar had correctly identified that the costs of the children's education were a significant factor affecting the parents' financial circumstances. It was held that the manner in which these educational costs were incurred was indeed expected by both parents, and that the financial resources of both parties had been appropriately considered. The Full Court affirmed the Registrar's decision that a departure from the standard assessment was warranted due to these exceptional circumstances.