Rolston and Hawley (Child support)

The case of *Rolston and Hawley* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to have the assessed child support payable by the respondent varied, arguing that the respondent's income, property, and financial resources were not accurately reflected in the assessment. The matter came before J Thomson M.

The primary legal issue before the court was whether the respondent possessed income, property, or financial resources that were not taken into account in the child support assessment, and if so, whether it would be fair and just to depart from the assessment. This involved an examination of the respondent's business income and any other relevant financial circumstances.

J Thomson M considered the evidence presented regarding the respondent's financial position, particularly focusing on the income derived from his business. The court applied the principles governing departure determinations, which require a consideration of whether the existing assessment would be unfair or unjust due to specific financial circumstances not adequately captured by the standard assessment formula. The court's reasoning would have involved an analysis of the respondent's actual financial capacity and whether this capacity differed significantly from that reflected in the assessment.

The court set aside the original decision and substituted its own determination.