Bostwick and Bostwick (Child support)

This matter concerned an appeal by the father, Mr. Bostwick, against a departure determination made by the Registrar of the Child Support Agency. The dispute centred on the assessment of the father's income for child support purposes, specifically concerning income derived from his business. The appeal was heard by W Kennedy M in the Federal Magistrates Court of Australia.

The primary legal issue before the Court was whether the Registrar had erred in making a departure determination that departed from the formula assessment of child support. This involved considering the financial resources of both parents and whether the father's business income had been accurately assessed and applied in the child support calculation. The Court was required to determine if the circumstances warranted a departure from the standard assessment under the *Child Support (Registration and Collection) Act 1988* (Cth).

The Court found that the Registrar had not properly considered all relevant financial resources of the father, particularly income generated from his business. The reasoning applied was that a departure determination must be based on a comprehensive understanding of each parent's financial capacity. The Court determined that the original departure decision was not soundly based and therefore set it aside. The Court then substituted its own decision, which involved a revised assessment of the father's income and a consequent adjustment to the child support payable.