Trenholm and Avey (Child support)

This matter concerned an application by the liable parent, Mr. Trenholm, for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The dispute centred on whether the child support assessment should be varied due to the liable parent's income, property, and financial resources. The Senior Member, S Trotter SM, presided over the proceedings.

The primary legal issue before the Court was whether the liable parent had established a ground for departure from the child support assessment. This required the Court to consider whether the liable parent's actual financial circumstances, including their income, property, and financial resources, were such that the assessment did not make proper or adequate provision for the child. The Court also had to determine whether, if a ground for departure was established, it was just and equitable to depart from the assessment.

The Senior Member found that a ground for departure was established, noting that the liable parent's income, property, and financial resources were not adequately reflected in the current assessment. The Court applied the principles outlined in the *Child Support (Registration and Collection) Act 1988*, particularly those relating to departure determinations, to assess the evidence presented. The Court concluded that it was just and equitable to depart from the assessment.

The Senior Member varied the decision under review, meaning the child support assessment was altered to reflect the findings regarding the liable parent's financial circumstances.