Wilshere and Wilshere (Child support)

The matter of *Wilshere and Wilshere* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to have the child support assessment varied to include the costs of the child's education and special needs. The court was required to consider whether the child was being educated in a manner that would have been expected by both parents had they remained together, and whether the child's particular talents constituted a "special need" for the purposes of the legislation.

The primary legal issue before the court was whether the existing child support assessment adequately reflected the costs associated with the child's education and any special needs. This involved an interpretation of the relevant provisions of the *Child Support (Registration and Collection) Act 1988* concerning departure from a child support assessment, specifically in relation to the costs of education and the definition of a "special need." The court had to determine if the circumstances warranted a departure from the standard assessment.

Justice Leonard M found that the child's educational costs and the expenses related to their particular talents did not meet the threshold for a "special need" as contemplated by the Act. The court reasoned that while the child possessed notable talents, these did not amount to a "special need" in the legal sense that would justify a departure from the assessment. The decision under review was therefore set aside and substituted with a new determination that did not include the additional costs sought by the applicant.