Warner and Weiss (Child support)

The matter of *Warner and Weiss* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The case came before Judicial Officer D'Arcy M. The dispute centred on whether the liable parent's income, property, and financial resources warranted a departure from the assessed child support amount.

The primary legal issue before the court was to determine if a ground for departure was established, and if so, whether to depart from the assessment. This involved considering the specific circumstances of the liable parent's financial position in relation to the child support assessment.

The Judicial Officer found that a ground for departure was established. In reaching this conclusion, the court applied the principles governing departure determinations, which require consideration of whether the liable parent's actual financial circumstances are significantly different from those presumed by the standard assessment formula. Having found a ground for departure, the court then exercised its discretion. The decision to depart was made, and the original departure decision under review was set aside and substituted with a new determination.