Zabarac & Zabarac (No 2)

This matter came before the Family Court of Australia, Sydney, presided over by Ryan J. The applicant, Ms Zabarac, and the respondent, Mr Zabarac, were engaged in a dispute concerning child support, specifically in relation to the private school fees for their two children, C and E, attending M College. The court was considering an application for orders regarding these fees pending a final hearing.

The primary legal issue before the court was whether to make an order for the payment of outstanding and future school fees for the children at M College, and if so, on what terms. This involved determining the capacity of the parties to meet these expenses and the just and equitable apportionment of such costs, particularly in light of previous findings that the parties lacked the income to support the children's continued attendance at the college.

Ryan J reasoned that given the parties' limited income capacity, any contribution towards the school fees would likely require asset realisation. The court accepted the wife's commitment to contribute one-half of the costs associated with the children's attendance at M College, a position moderated from her initial application. The court applied section 124 of the Child Support (Assessment) Act 1989, finding it just and equitable for the parties to share equally the additional expenses related to M College.

The court made orders for the parties to pay in equal shares all outstanding fees due to M College for enrolment, tuition, and extra-curricular activities for both children. Furthermore, the parties were ordered to pay in equal shares the tuition fees and any extra-curricular activities for the children's attendance at M College until the end of 2013, with the understanding that further educational expenses beyond this date would be addressed at a final hearing.