Zaarour and Piranavan (Child support)

This matter concerned an application by both the mother and the father for a departure from the administrative assessment of child support. The dispute centred on the parties' respective incomes, property, financial resources, and earning capacities, as well as the special needs of the child. The decision was made by Senior Member R Ellis.

The court was required to determine whether to depart from the child support assessment. This involved considering the mother's income from her senior, part-time work on a fixed-term contract, and the financial position of her company, which was not currently generating income. The court also had to assess the father's financial circumstances, including his self-employment, investment properties, and inheritance, taking into account his age, injury, reduced hours, and limited job tasks. Furthermore, the court needed to consider any declared cash payments and the personal use of business resources and finances by the father, and whether the children's needs were out of the ordinary.

Senior Member R Ellis reasoned that a departure from the administrative assessment was warranted. The court found that the father's declared income did not accurately reflect his true financial position, given his self-employment, investment properties, inheritance, and the personal use of business resources. The court also considered the father's reduced work capacity due to age, injury, and limited job tasks. While the mother's income was also considered, the primary focus for departure was on the father's circumstances and the disparity between his declared income and his overall financial capacity. The court concluded that the children's needs were not out of the ordinary.

The decision under review was set aside and substituted.