Bywaters and Jinks (Child support)

This matter concerned an application by the liable parent, Mr. Jinks, for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) concerning child support payable to the payee parent, Ms. Bywaters. The dispute centred on whether the financial resources of Mr. Jinks were fairly represented in the administrative assessment of child support.

The primary legal issue before the Court was whether there was a ground for departure from the administrative assessment. Specifically, the Court was required to determine if Mr. Jinks's withdrawal of funds from his superannuation was a relevant factor that warranted a departure, and if so, whether the administrative assessment failed to take into account his financial resources adequately.

The Court considered the provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) relating to departure determinations. It found that the decision by Mr. Jinks to withdraw funds from his superannuation was a significant financial event that potentially impacted his capacity to pay child support as assessed. The Court concluded that the original decision-maker had not adequately considered this withdrawal and its implications for Mr. Jinks's financial resources. Consequently, the Court set aside the original decision and remitted the matter for reconsideration.