Thornber and Patfield (Child support)

This matter concerned an appeal to the Child Support Special Powers Tribunal regarding a departure determination. The applicants, Thornber and Patfield, sought to depart from the child support assessment made under the *Child Support (Registration and Collection) Act 1988* (Cth). The core of the dispute revolved around the income, property, financial resources, and earning capacity of the parents.

The Tribunal was required to determine whether a ground for departure from the child support assessment had been established. Specifically, the Tribunal had to consider whether the existing assessment was unjust or inequitable having regard to the financial circumstances of the parties, including their respective incomes, property, financial resources, and earning capacities.

The Tribunal affirmed the decision not to depart from the child support assessment. It found that the grounds relied upon by the applicants were not established to the necessary legal standard. The Tribunal applied the principles governing departure determinations under the Act, which require a high threshold to be met before an assessment can be altered based on the financial circumstances of the parties. The earning capacity of a parent, while a relevant consideration, was not found to be such that it rendered the assessment unjust or inequitable in this instance.