Baird and Ellis (Child support)

This matter concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant, Baird, sought to depart from the assessed child support amount payable by the respondent, Ellis, for the benefit of their two children. The primary dispute revolved around whether Ellis's earning capacity had been properly considered and whether the income, property, and financial resources of both parties, as well as the proper needs of the children, warranted a departure from the assessed amount.

The court was required to determine whether the Registrar of Child Support had erred in refusing to make a departure determination. Specifically, the court had to consider whether Ellis's earning capacity was a relevant factor that had not been adequately addressed, and whether the overall financial circumstances of both parents and the needs of the children justified an adjustment to the child support assessment.

Justice Longo M found that the Registrar had failed to properly consider the earning capacity of Ellis, which was a crucial element in assessing the appropriate level of child support. The court applied the principles outlined in the *Child Support (Registration and Collection) Act 1988*, emphasizing the need to consider all relevant financial information, including earning capacity, income, property, and the actual needs of the children, when determining whether to depart from an assessment. The court concluded that the Registrar's decision was not supported by the evidence and that a departure determination was warranted.

The decision of the Registrar was set aside and substituted with an order that a departure determination be made.