Reed and Becker (Child support)

This matter concerned an application by the liable parent, Mr Reed, for leave to apply for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) concerning child support payable for his child, Becker. The application sought to depart from the assessment for a period exceeding 18 months. The primary judge had granted leave to apply for a departure determination, but subsequently refused to depart from the assessment. Mr Reed appealed this refusal to the Full Court of the Family Court of Australia.

The central legal issue before the Full Court was whether the primary judge erred in refusing to depart from the child support assessment, despite having granted leave to make the application. Specifically, the Court considered whether the primary judge had correctly applied the relevant grounds for departure under section 117 of the Act, and whether the evidence presented established that the departure was justified.

The Full Court affirmed the primary judge's decision, finding no error in the refusal to depart. The Court reiterated that granting leave to apply for a departure determination does not guarantee a successful departure. The onus remained on the applicant to establish that one or more of the grounds for departure under section 117 of the Act were met. In this instance, the Court found that the evidence did not establish that the child had special needs that were not met by the current assessment, nor did it demonstrate that the liable parent's income, property, or financial resources were such that a departure was justified. The Court concluded that the primary judge had properly considered the evidence and applied the correct legal principles in refusing the departure.