Rylance and Lobell (Child support)

This matter concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) brought by the applicant, Rylance, against the respondent, Lobell. The dispute centred on the assessment of child support payable by Lobell for the parties' child. The decision was made by Senior Member R Ellis.

The primary legal issue before the court was whether the existing child support assessment should be departed from. This required the court to consider whether any of the grounds for departure, as set out in the *Child Support (Registration and Collection) Act 1988*, were established, and if so, whether it was just and equitable to make a departure determination. Specifically, the court had to examine the income, property, and financial resources of both Rylance and Lobell.

Senior Member Ellis found that a ground for departure was established, having regard to the financial circumstances of both parties. The court then considered whether it was just and equitable to depart from the assessment. After weighing the relevant factors, the Senior Member concluded that a departure was warranted.

The decision under review was set aside and substituted with a new determination.