Basford and Jowett (Child support)

This matter concerned an appeal to the Migration and Refugee Division of the Administrative Appeals Tribunal (the Tribunal) by the liable parent, Mr Basford, against a departure determination made by the Registrar of Child Support. The dispute centred on the Registrar's decision to depart from the assessment of child support payable by Mr Basford, based on his income derived from his business. Mr Basford sought to have this departure determination set aside.

The Tribunal was required to determine whether the Registrar had erred in making the departure determination. Specifically, the Tribunal had to consider whether Mr Basford's income, property, and financial resources, particularly income derived from his business, constituted grounds for a departure from the standard child support assessment under the relevant provisions of the *Child Support (Registration and Collection) Act 1988*.

The Tribunal affirmed the Registrar's decision, finding that the evidence presented established that Mr Basford's income derived from his business was a relevant factor that justified a departure from the child support assessment. The Tribunal applied the principles of the *Child Support (Registration and Collection) Act 1988*, which permit departure from a child support assessment in circumstances where the liable parent's actual financial situation, including income from business activities, significantly differs from that assumed in the standard assessment. The Tribunal was satisfied that the Registrar had correctly applied these principles in making the departure determination.