Walle and Whibley (Child support)

The case of Walle and Whibley (Child support) concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to vary a child support assessment, arguing that the costs associated with the child's special needs significantly impacted the cost of maintaining the child, thereby establishing a ground for departure. The matter was heard by M Douglas M.

The primary legal issue before the court was whether the costs incurred by the applicant in relation to the child's special needs, specifically school fees, constituted a ground for departure from the child support assessment. This required the court to consider the provisions of the *Child Support (Registration and Collection) Act 1988* that permit variations to assessments in circumstances where the standard assessment does not adequately reflect the costs of maintaining a child due to special circumstances.

The court found that the costs of the child's special needs, including the school fees, did indeed significantly affect the cost of maintaining the child. Applying the relevant provisions of the Act, the court determined that a ground for departure was established. Consequently, the decision under review was varied to reflect these additional costs.