Campling and Torney (Child support)

This matter concerned an appeal by the liable parent, Mr Campling, against a departure determination made by the Child Support Registrar. The Registrar had determined that there were grounds to depart from the rate of child support that would otherwise be payable under the *Child Support (Registration and Collection) Act 1988* (Cth) (the Act), and had made a substituted assessment. The appeal was heard by the Federal Circuit Court of Australia.

The primary legal issue before the Court was whether the Child Support Registrar had erred in finding that there were grounds for departure from the usual child support assessment. Specifically, the Court was required to consider whether the liable parent's income, property, and financial resources were such that the usual assessment did not do justice to the circumstances of the case, as contemplated by section 117 of the Act.

The Court reviewed the evidence presented regarding Mr Campling's financial position. It was found that while Mr Campling had a history of significant income and assets, the evidence did not establish that his current income, property, or financial resources were such that the standard assessment did not do justice. The Court applied the principles of section 117 of the Act, which requires a demonstrable injustice arising from the liable parent's financial circumstances before a departure determination can be made.

The Court concluded that the Registrar's decision to depart from the assessment was not supported by the evidence. Accordingly, the departure determination was set aside and substituted with a decision that no grounds for departure were established.