Cabe and Farrell (Child support)

The case of *Cabe and Farrell* concerned an application to review a departure determination made by the Registrar of the Child Support Agency. The applicant, Mr Farrell, sought to have the child support assessment reduced on the basis of his reduced income and capacity to work. The respondent, Ms Cabe, opposed the application. The matter came before Judicial Officer Thomson M.

The primary legal issue before the court was whether the Registrar's decision to depart from the child support assessment was justified under the *Child Support (Registration and Collection) Act 1988* (Cth). Specifically, the court had to consider whether Mr Farrell's reduced income and capacity to work constituted a "special circumstance" that warranted a departure from the standard assessment, and whether the Registrar had properly considered all relevant factors in making the original determination.

Judicial Officer Thomson M set aside the Registrar's decision and substituted a new one. The court found that Mr Farrell had indeed experienced a significant reduction in his income and capacity to work due to genuine health issues. The court applied the principles of the *Child Support (Registration and Collection) Act 1988* (Cth), which allows for departure from a child support assessment in cases of special circumstances. The court determined that Mr Farrell's circumstances qualified as special and that the Registrar had not adequately taken these into account. The court substituted its own decision, reflecting the reduced capacity of Mr Farrell to pay the assessed amount.