Booth and Cadle (Child support)

Mr Booth sought review of a decision by the Child Support Registrar that no ground existed to depart from the administrative assessment of child support payable by him to Ms Cadle for their three children. The dispute concerned whether Ms Cadle's income, financial resources, or earning capacity warranted a departure from the standard child support assessment formula. This matter was heard by Member K Buxton of the Social Services & Child Support Division of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the circumstances of the case met the criteria for a departure from the administrative assessment under Part 6A of the *Child Support (Assessment) Act 1989*. Specifically, the Tribunal had to determine if there were "special circumstances" that would make the standard assessment "unjust and inequitable" due to Ms Cadle's income, property, financial resources, or earning capacity, as contemplated by subparagraph 117(2)(c)(ii) of the Act.

The Tribunal reasoned that the legislative intent of the child support formula is for it to apply in the ordinary course of cases, and departure is only permitted in special or out-of-the-ordinary circumstances. It found that Mr Booth's income was accurately reflected in the assessment. Regarding Ms Cadle, the Tribunal noted her modest income from Centrelink and casual work, and that her previous qualifications had lapsed. It was not satisfied that Ms Cadle had an unexercised earning capacity that warranted a departure, as the evidence indicated she had made substantial efforts to re-enter the workforce since 2016 but had been unsuccessful due to a lack of recency and lapsed qualifications. The Tribunal also considered Mr Booth's assertion about potential cash assets in a UK bank account and differences in asset positions, but found no evidence to support these claims or that such differences made the assessment unjust or inequitable, as the formula primarily relies on income.

Ultimately, the Tribunal concluded that the circumstances of the case were not special and did not differ significantly from the ordinary run of cases. Therefore, no ground to depart from the administrative assessment was established. The Tribunal affirmed the decision of the Child Support Registrar, dismissing Mr Booth's application for a departure.