Runcie and Heywood (Child support)

This matter concerned an appeal to the Full Court of the Family Court of Australia regarding a child support departure determination. The applicants, Runcie and Heywood, sought to depart from the child support assessment for their two children. The primary dispute revolved around the costs associated with the children's private school education, which the applicants argued significantly affected the costs of maintaining the children in a manner expected by both parents.

The court was required to determine whether the costs of the children's private education constituted a ground for departure from the child support assessment. Specifically, the court had to consider whether these costs significantly affected the costs of maintaining the children in a manner that would have been expected by both parents had they separated later. Furthermore, the court needed to assess whether it was just and equitable to make a departure order, taking into account the financial resources of the liable parent.

The Full Court affirmed the decision of the lower court not to depart from the assessment. The reasoning focused on the interpretation of the phrase "manner expected by both parents." The court found that while the cost of private education was a significant expense, it did not necessarily establish that this was the manner in which both parents would have jointly maintained the children had the relationship continued. The court emphasised that the financial resources of the liable parent were a crucial consideration in determining whether a departure was just and equitable, and in this instance, the evidence did not support a departure.