Scamander and Pasley (Child support)

The matter of *Scamander and Pasley* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to vary the child support assessment, arguing that the costs of the child's education were not being adequately met by the existing assessment. The decision was made by S Lewis M in the relevant court.

The primary legal issue before the court was whether the circumstances of the case met the criteria for a departure determination. Specifically, the court had to consider whether the child was being educated in the manner that would have been expected by the parents, and whether the costs of this education had significantly affected the costs of maintaining the child. Furthermore, the court was required to assess the income, property, and financial resources of the liable parent, including income derived from a discretionary trust and payments made by the liable parent's father for the liable parent's expenses, to determine if these constituted financial resources relevant to the departure application.

S Lewis M found that there was no ground for a departure determination. The court reasoned that the child was being educated in the manner expected by the parents and that the costs of this education had not significantly affected the costs of maintaining the child. The court also considered the liable parent's financial resources, including income from a discretionary trust and the financial support provided by his father, but concluded that these did not warrant a departure from the assessment.

Consequently, the decision under review was set aside and substituted with a new decision that no departure determination should be made.