Richardson & Older (No. 2)

This matter concerned an appeal from a decision of the Local Court where the father's application to depart from a child support assessment was refused. The appeal was heard by Justice Fowler.

The primary legal issue before the court was whether to depart from the existing child support assessment pursuant to section 117(2) of the *Child Support (Assessment) Act 1989* (Cth). This involved determining if the circumstances warranted a recalculation of child support based on the father's taxable income for specific past periods.

Justice Fowler reasoned that a departure from the assessment was justified. The court applied the principles of section 117(2) of the Act, considering the father's taxable income for the financial years ending 30 June 2003 through to 30 June 2007. The court found that the father's actual taxable income for these periods differed significantly from what was used in the original assessment, necessitating a recalculation.

The court ordered a departure from the child support assessment for the periods 1 July 2003 to 30 September 2004, 1 October 2004 to 31 December 2005, and 1 January 2006 to 31 March 2007, with child support to be recalculated based on the father's specified taxable incomes for the relevant financial years. There were no orders made as to costs.