Cameron and Cowper (Child support)

The case of *Cameron and Cowper* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to have the assessed child support payable by the respondent varied, arguing that the respondent's income, property, and financial resources were not accurately reflected in the assessment. The matter came before the court for review of a decision made by the Registrar.

The primary legal issue before the court was whether the respondent possessed income, property, or financial resources that were not taken into account in the child support assessment, and if so, whether these circumstances warranted a departure from the assessment under the relevant provisions of the Act. The court was required to determine if the existing assessment was unfair due to the undisclosed or undervalued financial position of the respondent.

The court's reasoning focused on the evidence presented regarding the respondent's financial circumstances. It considered the definition of income, property, and financial resources as contemplated by the legislation and relevant case law. The court applied the principles governing departure determinations, which require a finding that the assessment does not do justice between the parties due to specific financial factors. After reviewing the evidence, the court found that the respondent's financial position had not been fully disclosed or accurately assessed.

Consequently, the court set aside the Registrar's decision and substituted its own determination, varying the child support assessment to reflect the respondent's true income, property, and financial resources.