Bubb and Bubb (Child support)

This matter concerned an appeal by the liable parent, Mr Bubb, against a departure determination made by the Child Support Registrar. The dispute centred on whether the Registrar had erred in refusing to depart from the assessed child support amount, which Mr Bubb argued was excessive due to his necessary commitments for self-support and the costs associated with his child's medical treatment. The appeal was heard by the Federal Circuit and Family Court of Australia.

The primary legal issue before the court was whether the Registrar had correctly applied the provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) when assessing Mr Bubb's application for a departure determination. Specifically, the court had to consider whether the Registrar had given due weight to the financial resources of both parents and whether Mr Bubb's claimed expenses, particularly those related to his child's medical needs and his own self-support, constituted "necessary commitments" that would justify a departure from the assessed child support amount.

The court found that the Registrar had failed to adequately consider the evidence presented by Mr Bubb regarding his financial circumstances and the significant medical expenses incurred for the child. The court reiterated the principles that a departure determination requires a finding that the assessment is unjust or inequitable having regard to the specific circumstances of the case, including the financial needs and resources of both parents and any necessary commitments for self-support. In this instance, the court determined that the Registrar’s decision had not properly accounted for these factors.

The court set aside the Registrar's decision and substituted its own determination, finding that a departure from the assessed child support amount was warranted.