Clapham and Dimbleby (Child support)

This matter concerned an appeal by the liable parent, Mr Clapham, against a departure determination made by the Registrar of Child Support. The dispute centred on whether the Registrar had erred in departing from the usual child support assessment based on the liable parent's income, property, and financial resources. The appeal was heard by the Child Support Registrar.

The primary legal issue before the Registrar was whether the liable parent's income, property, and financial resources constituted a ground for departure from the standard child support assessment. Specifically, the Registrar had to determine if the liable parent possessed income, property, or financial resources that were not taken into account in the assessment, and if these resources were such that the assessment was unfair.

The Registrar found that the liable parent did possess significant financial resources that were not reflected in the standard assessment. The Registrar reasoned that the liable parent had deliberately structured his financial affairs to minimise his apparent income and thereby reduce his child support obligations. This conduct was found to be a deliberate attempt to avoid his responsibilities, justifying a departure from the assessment. The Registrar applied the principles of the *Child Support (Registration and Collection) Act 1988* which allow for departure from a child support assessment in circumstances where it would be inequitable to rely on the assessment due to the income, property, or financial resources of a parent.

The Registrar set aside the original departure determination and substituted it with a new determination that reflected the liable parent's true financial capacity.