Charman and Devall (Child support)

This matter concerned an application for review of a departure determination made by the Child Support Registrar. The applicants, Charman and Devall, sought to set aside and substitute the Registrar's decision regarding child support payments.

The primary legal issue before the court was whether the Registrar had erred in refusing to make a departure determination under section 117 of the *Child Support (Registration and Collection) Act 1988* (Cth). Specifically, the court had to consider whether the applicants had established that the existing assessment of child support was unjust or inequitable due to the occurrence of necessary expenses of the child that were not covered by the assessment, or due to a significant change in the income, property, and financial resources of either parent. The court also considered whether recent increases in the cost of living constituted a relevant factor.

Member S Irvine found that the Registrar had failed to properly consider the evidence presented regarding the necessary expenses of the child and the impact of increased living costs. The court reasoned that the Registrar's assessment had not adequately accounted for the actual costs associated with the child's needs, particularly in light of recent economic changes. The principles applied focused on the court's power to review and substitute a departure determination where the Registrar's original decision was found to be erroneous in law or fact.

The court ordered that the Registrar's decision be set aside and substituted with a new departure determination, reflecting the revised assessment of the parties' financial circumstances and the child's needs.