Bayes and Bayes (Child support)

This matter concerned an appeal to the Full Court of the Family Court of Australia regarding a departure determination made under the *Child Support (Registration and Collection) Act 1988* (Cth). The appeal was brought by the liable parent, Mr Bayes, against a decision of a single judge of the Family Court which had affirmed a departure determination made by the Registrar of the Child Support Agency. The dispute centred on whether the Registrar had erred in departing from the usual child support assessment formula on the basis of the liable parent's income, property, and financial resources.

The primary legal issue before the Full Court was whether the Registrar had correctly applied the principles for departure from a child support assessment, specifically concerning the consideration of the liable parent's financial circumstances. The court was required to determine if the Registrar's finding that a ground for departure was established, and the subsequent decision to depart, were legally sound and supported by the evidence.

The Full Court considered the provisions of section 117 of the *Child Support (Registration and Collection) Act 1988*, which outlines the grounds upon which a departure determination may be made. The court affirmed that the Registrar had a broad discretion to consider all relevant circumstances, including the liable parent's income, property, and financial resources, when determining whether to depart from the standard assessment. The Full Court found that the Registrar had properly exercised this discretion, having regard to the evidence presented regarding Mr Bayes' financial position. The appeal was accordingly dismissed.