Burks and Gowler (Child support)

This matter concerned an application for review of a departure determination made by the Registrar of the Child Support Agency. The applicants, Burks and Gowler, sought to challenge the Registrar's decision not to depart from the administrative assessment of child support payable by the liable parent.

The primary legal issue before the court was whether the Registrar had erred in law by failing to depart from the child support assessment, despite finding that a ground for departure was established. Specifically, the court was required to consider whether the Registrar's discretion to depart was exercised reasonably and in accordance with the relevant provisions of the *Child Support (Registration and Collection) Act 1988*.

The court affirmed the Registrar's decision, finding that while a ground for departure was established, the Registrar had properly considered all relevant factors, including the income, property, and financial resources of the liable parent, and had concluded that it would not be just and equitable to depart from the assessment. The court applied the principles of administrative law, emphasizing that a discretionary power must be exercised according to law and that the Registrar's decision was not demonstrably unreasonable or based on an error of law.