Conway and Vitali (Child support)

This matter concerned an appeal by the liable parent, Conway, against a departure determination made by the Registrar of Child Support. The dispute centred on the assessed income of Conway for child support purposes, which had been significantly increased due to a capital gain realised in the past financial year. The court was therefore required to review the Registrar's decision to depart from the usual assessment of child support.

The primary legal issue before the court was whether the Registrar had erred in making the departure determination. Specifically, the court had to consider whether Conway's income, property, and financial resources, particularly the capital gain, justified a departure from the standard child support assessment under the relevant provisions of the *Child Support (Registration and Collection) Act 1988*.

The court reasoned that the Registrar had correctly identified that the capital gain constituted a financial resource that significantly increased Conway's assessable income for the relevant period. Applying the principles of the Act, the court found that the Registrar's decision to depart from the standard assessment was justified, as it reflected Conway's actual financial capacity to meet his child support obligations. The court ultimately set aside the Registrar's original determination and substituted its own, reflecting the adjusted income.