Truong and Truong (Child support)

This matter concerned an appeal by the father, Mr Truong, against a departure determination made by the Child Support Registrar. The Registrar had determined that the mother, Ms Truong, was entitled to a departure from the assessment of child support payable by the father, on the basis of the special needs of the child. The appeal was heard by the Federal Circuit Court of Australia.

The primary legal issue before the Court was whether the Registrar had erred in making the departure determination. Specifically, the Court was required to consider whether the child had special needs that were not met by the existing child support assessment, and whether the departure amount sought by the mother was reasonable and proportionate to the special needs of the child.

The Court reviewed the evidence presented by both parties regarding the child's medical condition and the associated costs. It applied the principles set out in section 117 of the *Child Support (Registration and Collection) Act 1988*, which permits a departure from a child support assessment where the costs incurred in relation to the special needs of a child are not adequately met by the assessment. The Court found that the Registrar had correctly identified the child's special needs and that the departure amount was reasonable and proportionate to those needs.

The Court therefore dismissed the father's appeal and affirmed the departure determination made by the Child Support Registrar.