Soham and Atwell (Child support)

The case of *Soham and Atwell* concerned an appeal to the Administrative Appeals Tribunal regarding a child support departure determination. The dispute centred on the liable parent's income, property, and financial resources, and whether these warranted a departure from the administrative assessment of child support.

The Tribunal was required to determine whether a ground for departure was established under the *Child Support (Registration and Collection) Act 1988* (Cth) and, if so, whether it was just and equitable to depart from the assessment. The Tribunal also had to consider whether to affirm, set aside, or substitute the original decision.

The Tribunal affirmed the initial decision that a ground for departure was established, finding that the liable parent possessed income, property, and financial resources that were not adequately reflected in the administrative assessment. Applying the principles of the Act, the Tribunal concluded that it was just and equitable to depart from the assessment. Consequently, the Tribunal set aside the original decision and substituted its own determination.