Chinn and Chinn (Child support)

The Full Court of the Family Court of Australia considered an appeal by the liable parent, Mr. Chinn, against a departure determination made by the Child Support Registrar. The dispute concerned the assessment of Mr. Chinn's child support liability, specifically whether the Registrar had correctly considered the benefits he derived from his business. Mr. Chinn argued that the Registrar erred in finding that special circumstances existed to justify a departure from the administrative assessment.

The primary legal issue before the Full Court was whether the Child Support Registrar had erred in law by finding that special circumstances existed, thereby authorising a departure from the standard child support assessment. This involved determining whether the benefits Mr. Chinn derived from his business, which were not fully reflected in his reported income, constituted "special circumstances" under the *Child Support (Registration and Collection) Act 1988* (Cth). The court also considered whether the Registrar's decision was affected by an error of law or fact.

Justice Leonard M applied the principles established in *D v D* [1994] FamCA 120 and *Director-General, Department of Family and Community Services v G* [2003] HCA 54, which outline the criteria for establishing special circumstances. The court found that the Registrar had correctly identified that Mr. Chinn's control over his business allowed him to derive benefits beyond his salary, such as the use of company assets and the ability to direct funds for personal use. These benefits, when not adequately accounted for in the assessment, could indeed constitute special circumstances. The Full Court concluded that the Registrar's decision was not affected by an error of law or fact.

The appeal was dismissed, and the departure determination made by the Child Support Registrar was affirmed.