Abbey and Cruz (Child support)

This matter concerned an appeal by Abbey against a decision of the Child Support Registrar regarding child support payments payable by Cruz. The dispute centred on whether the Registrar had erred in refusing to make a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth).

The primary legal issue before the court was whether the Registrar had correctly applied the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) when assessing the application for a departure determination. Specifically, the court had to consider whether the grounds for departure, as outlined in section 117 of the Act, were established, and if so, whether the Registrar had exercised their discretion appropriately in refusing to depart from the assessment.

The court found that the Registrar had failed to properly consider the evidence presented regarding the income, property, and financial resources of the liable parent, Cruz. Furthermore, the court determined that the special needs of the child, which were a crucial factor in the application for a departure determination, had not been adequately addressed. Consequently, the court concluded that the Registrar's decision was erroneous and set aside the original decision. The court then substituted its own decision, making a departure determination in favour of Abbey.