Ryder and McCormack

In the matter of *Ryder and McCormack*, heard by Judge Newbrun, the applicant mother sought an order for both parents to contribute equally to the costs of the children's private school fees. The respondent father opposed this application.

The central legal issue before the court was whether it had the jurisdiction to make an order requiring both parents to contribute equally to private school fees, given the existence of the *Child Support (Assessment) Act 1989* (Cth).

Judge Newbrun dismissed the mother's proposed order without a hearing on the merits. The court reasoned that the *Child Support (Assessment) Act 1989* provides a specific administrative pathway for determining child support obligations, including those related to private school fees, through the Child Support Registrar. The court indicated that the mother was at liberty to pursue this administrative avenue.

Consequently, the court dismissed the mother's application for an order for equal contribution to private school fees. The mother was granted liberty to apply to the Child Support Registrar for an administrative departure order under section 98B of the *Child Support (Assessment) Act 1989* (Cth) to seek the father's equal contribution to these costs.