Tranten and Croft and Anor

This case involved an application by the mother, Ms Tranten, against the father, Mr Croft, and a second respondent, AM Pty Ltd, seeking a departure from administrative child support assessments and other related orders. The proceedings, which originated in the Federal Magistrates Court in December 2003, had a complex procedural history and were heard by Kay J in the Family Court of Australia. The father was absent from the proceedings, and service had been effected by substituted means, which hampered the court's ability to obtain necessary financial information. The application concerned child support for two children, S and A, and sought to review all operative assessments from July 2001 to March 2008.

The primary legal issues before the court were whether the administrative child support assessments resulted in unjust and inequitable determinations of financial support due to the father's income and earning capacity, and whether special circumstances warranted departure from these assessments. These special circumstances included the significant impact of the children's education in a manner expected by both parents, and the special needs of the children, particularly the orthodontic requirements of child S. The court was required to consider the objects of the *Child Support (Assessment) Act 1989* (Cth), including ensuring children receive adequate financial support based on parental capacity and that parents share equitably in child support.

Kay J found grounds for departure from the administrative assessments in several periods. For the 2001-2002 financial year, the court determined the father's child support income amount should be $67,157, based on evidence of his earning capacity. For the 2002-2003 period, the court inferred a similar earning capacity to the previous year, given the father's superannuation contributions and absence from proceedings. For the 2004-2005 period, the court found it appropriate to adjust the assessment to reflect an annual earning capacity of $55,000 for the period from April to June 2005. For periods from January 2007 onwards, the court set the father's child support income amount at $67,500, citing a significant disparity between his demonstrated earnings and the assessed taxable income. The court also ordered contributions towards the children's school fees, commencing at $2500 per annum from July 2002, with adjustments for subsequent years, and 50% of A's school fees thereafter. Additionally, the father was ordered to pay $4150 for past dental and orthodontic expenses for child S, and 50% of ongoing orthodontic and associated medical fees.

The court made specific orders departing from the administrative assessments for various periods, adjusting the father's child support income amounts accordingly. It also ordered the father to contribute to school fees and dental expenses. Order 2 of the orders made on 14 October 2004 was discharged. The father was ordered to pay $1000 towards the mother's costs. All other extant applications, including those against the second respondent, were dismissed. The court noted the father's bankruptcy and the potential academic nature of some orders due to his financial circumstances.