Bostwick and Spickernell (Child support)

This matter concerned an application for review of a departure determination made by the Child Support Registrar concerning the child support assessment for the parties' child. The applicant, Mr Bostwick, sought to have the Registrar's decision set aside, while the respondent, Ms Spickernell, sought to uphold it.

The primary legal issue before the court was whether the Child Support Registrar had erred in making a departure determination under section 117 of the *Child Support (Registration and Collection) Act 1988* (Cth). Specifically, the court had to consider whether the Registrar had correctly identified and applied the grounds for departure, and whether the decision to depart from the assessment was justified in the circumstances.

The court found that the Registrar had erred in her assessment of Mr Bostwick's income and financial resources. The Registrar had failed to adequately consider certain evidence relating to Mr Bostwick's earning capacity and the nature of his employment. Consequently, the court determined that the departure determination was not supported by the evidence and that the Registrar had not exercised her discretion appropriately. The court therefore set aside the Registrar's decision and substituted its own determination.