Cumming and Cumming (Child support)

This matter concerned an application for review of a departure determination made by the Child Support Registrar. The applicants, Mr and Mrs Cumming, sought to set aside the Registrar's decision to depart from the assessment of child support payable by Mr Cumming to Mrs Cumming.

The primary legal issue before the court was whether the Registrar had erred in law in making the departure determination. Specifically, the court was required to consider whether the grounds for departure, as set out in section 117 of the *Child Support (Registration and Collection) Act 1988* (Cth), were established, and whether the Registrar had properly exercised their discretion in making the departure determination. The court also considered whether the Registrar had given adequate reasons for their decision.

The court found that the Registrar had erred in law by failing to consider all relevant aspects of the liable parent's income, property, and financial resources. The court noted that while the liable parent had no current earning capacity, this did not preclude a departure determination if other financial resources were available. The court concluded that the Registrar had not adequately considered the evidence before them and had failed to provide sufficient reasons for their decision. Consequently, the court set aside the Registrar's departure determination and substituted its own decision.