Allitt and Tutton (Child support)

This matter concerned an appeal by the liable parent, Mr Allitt, against a departure determination made by the Registrar of Child Support. The dispute centred on whether the Registrar had correctly considered the income, property, and financial resources of Mr Allitt when making the determination to depart from the formula assessment of child support payable to Ms Tutton, the recipient parent.

The primary legal issue before the court was whether the Registrar had erred in law in making the departure determination. Specifically, the court was required to consider whether the Registrar had properly applied the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) in assessing Mr Allitt's financial circumstances and whether this assessment justified a departure from the standard child support assessment.

The court found that the Registrar had failed to adequately consider all of Mr Allitt's relevant income, property, and financial resources. The legal principle applied was that a departure determination must be based on a comprehensive and accurate assessment of the liable parent's financial position. The court determined that the Registrar's decision was not supported by the evidence before them and that the assessment had been based on an incomplete understanding of Mr Allitt's financial capacity.

Consequently, the court set aside the Registrar's departure determination and substituted its own decision. The court ordered that the child support assessment be recalculated based on a proper consideration of all of Mr Allitt's income, property, and financial resources.