Sami and Halsey (Child support)

This matter concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) by the liable parent, Mr Sami, against a child support assessment made in favour of Ms Halsey. The dispute centred on whether the liable parent's income, property, and financial resources, particularly benefits derived from his business interests, had been adequately considered in the assessment. The case was heard by P Jensen M.

The primary legal issue before the court was whether the liable parent's actual financial capacity, as distinct from his assessed income, warranted a departure from the child support assessment. This required the court to consider the extent to which benefits derived from his business activities constituted income or financial resources available for child support purposes, and whether the existing assessment failed to take these into account.

The court reviewed the evidence regarding the liable parent's business structures and the financial benefits he received. It applied the principles of child support law, which allow for departure from a standard assessment where a parent's actual ability to pay is significantly different from their assessed income due to their income, property, and financial resources. The court found that the benefits derived from the liable parent's businesses were substantial and had not been fully reflected in the original assessment. Consequently, the court set aside the original decision and substituted its own determination.