Bratt and Warwick (Child support)

The matter of *Bratt and Warwick* concerned an appeal to the Full Court of the Family Court of Australia regarding a departure determination made under the *Child Support (Registration and Collection) Act 1988* (Cth). The dispute centred on the assessment of the liable parent's income, property, and financial resources, specifically the benefits derived from their business.

The primary legal issue before the Full Court was whether the Registrar's initial decision to depart from the child support assessment, based on the liable parent's business income, was correct. This required the Court to consider the proper characterisation of income and financial resources derived from a business for the purposes of child support assessments and the application of the relevant provisions of the *Child Support (Registration and Collection) Act 1988*.

The Full Court analysed the evidence concerning the liable parent's business operations and the financial benefits flowing from it. It applied established principles regarding the assessment of income for child support purposes, particularly where a parent operates a business. The Court considered whether the Registrar had correctly identified and quantified the income and financial resources available to the liable parent, taking into account the nature of the business and its profitability. The Court found that the Registrar had erred in their assessment and that the departure determination was not justified on the evidence presented.

Consequently, the Full Court set aside the Registrar's departure determination and substituted its own decision.