Boon and Pilcher (Child support)

This matter concerned an appeal to the Full Court of the Family Court of Australia regarding a departure determination under the *Child Support (Registration and Collection) Act 1988*. The appeal was brought by the father, Mr Boon, against a decision of the Child Support Registrar. The dispute centred on whether the Registrar had erred in refusing to make a departure determination concerning the child support assessment for the parties' child.

The primary legal issue before the Full Court was whether the Registrar had correctly applied the relevant provisions of the *Child Support (Registration and Collection) Act 1988* when considering the father's application for a departure determination. Specifically, the Court had to determine if the Registrar had properly assessed whether the father had established a ground for departure, particularly in relation to the income, property, financial resources, and earning capacity of the parents, and whether the costs of contact were significant.

The Full Court found that the Registrar had failed to properly consider the evidence presented by the father regarding his financial circumstances and earning capacity. The Court held that the Registrar had erred in concluding that the costs of contact were not significant, and that this error led to an incorrect refusal to make a departure determination. The Court applied the principles that a departure determination may be made if the assessment of child support would be unjust or inequitable having regard to the specific circumstances of the case, including the financial position of the parties.

The Full Court set aside the decision of the Child Support Registrar and substituted its own determination, finding that a departure from the assessment was justified.