Brannick and Mott (Child support)

This matter concerned an appeal by the liable parent, Brannick, against a departure determination made by the Registrar of the Child Support Agency (now Services Australia) concerning child support payments to the payee parent, Mott. The Registrar had determined that a departure from the standard child support assessment was justified on the grounds that the liable parent possessed income, property, and financial resources that were not being taken into account in the assessment.

The primary legal issue before the court was whether the Registrar’s decision to depart from the standard assessment was justified. This required the court to consider whether the liable parent’s income, property, and financial resources were such that the standard assessment did not do justice between the parties, and if so, whether the departure determination was the correct one.

The court reviewed the evidence presented regarding the liable parent's financial position. It was found that the liable parent had access to significant financial resources that were not reflected in their assessed income. The court applied the principles of the *Child Support (Registration and Collection) Act 1988*, specifically focusing on the grounds for departure under section 117. The court reasoned that where a liable parent has the capacity to generate income or has access to assets that could be used to meet their child support obligations, and this capacity or access is not adequately captured by the standard assessment, a departure may be warranted to ensure a just outcome.

The court found that the Registrar’s decision to depart was justified and that the departure determination was appropriate. The appeal was therefore dismissed.