Battley and Battley (Child support)

This matter concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) in relation to orthodontic costs. The applicant sought to depart from the assessment of child support payable by the respondent. The decision reviewed was made by the Registrar.

The primary legal issue before the Court was whether the Registrar erred in refusing to make a departure determination regarding the child support assessment, specifically concerning the costs of orthodontic treatment for the child. The Court was required to consider whether the circumstances of the case met the criteria for a departure from the standard child support assessment.

Her Honour Magistrate Webb found that the Registrar had erred in her decision. The Court determined that the costs associated with the child's orthodontic treatment constituted a relevant ground for departure under the *Child Support (Registration and Collection) Act 1988*. The Court reasoned that the expenditure on orthodontic treatment was a necessary and significant expense that was not adequately accounted for in the standard assessment. Consequently, the Court set aside the Registrar's decision and substituted its own, ordering a departure from the assessment to reflect the orthodontic costs.