Casselden and Tregoose (Child support)

This matter concerned an appeal by Casselden (the applicant) against a departure determination made by the Registrar of the Child Support Agency. The dispute centred on whether the Registrar had correctly determined that there was no ground for departure from the child support assessment under the *Child Support (Registration and Collection) Act 1988* (Cth). The appeal was heard by Judicial Registrar Nalpantidis.

The primary legal issue before the court was to determine whether the Registrar erred in finding that the applicant had failed to establish a ground for departure from the child support assessment. Specifically, the court had to consider whether the circumstances presented by the applicant met the criteria for departure as set out in the relevant legislation.

Judicial Registrar Nalpantidis reasoned that the applicant had not provided sufficient evidence to satisfy the requirements for a departure determination. The court applied the principles established in the *Child Support (Registration and Collection) Act 1988*, which require a party seeking a departure to demonstrate that the assessment is not fair and just having regard to the specific grounds listed in the Act. In this instance, the applicant failed to demonstrate that any of the prescribed grounds for departure were met.

Consequently, the court set aside the Registrar's departure determination and substituted a new decision, finding that no ground for departure had been established.