Walpole and Conway (Child support)

The dispute in *Walpole and Conway (Child support)* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to depart from the assessed child support amount, alleging that the respondent's financial position had not been fully disclosed, particularly concerning the financial position of a company. The matter came before Senior Member J Longo of the [Tribunal Name].

The primary legal issue before the Senior Member was whether the circumstances warranted a departure from the child support assessment. This required the Senior Member to consider whether the respondent's failure to fully disclose the financial position of the company constituted a ground for departure, and if so, whether making a departure determination would be just and equitable, taking into account the needs of the children.

In reaching a decision, the Senior Member applied the principles established in the *Child Support (Registration and Collection) Act 1988* (Cth) regarding departure determinations. The Senior Member found that the applicant had not established that the respondent's financial position, including that of the company, was such that the assessment should be departed from. The Senior Member concluded that it was not just and equitable to make a departure determination, and therefore affirmed the original decision.