Daley and Tompkins (Child support)

This matter concerned an appeal to the Child Support Special Powers Division of the Federal Circuit and Family Court of Australia regarding a departure determination. The applicants, Daley and Tompkins, sought to challenge a decision made by the Registrar concerning child support payments. The core of the dispute revolved around the income and financial resources of one of the parents, who operated a business through a proprietary limited company.

The court was required to determine whether the Registrar's original decision regarding the departure from the standard child support assessment was justified. Specifically, the court had to consider whether the income and financial resources of the parent, as derived from their business conducted via a company structure, had been adequately assessed and taken into account in the departure determination.

The court reviewed the evidence presented and applied the principles of the *Child Support (Registration and Collection) Act 1988*. It found that the Registrar's decision had failed to properly consider the full extent of the parent's financial capacity, particularly in relation to the income and benefits derived from the company. The court reasoned that the structure of the business should not obscure the parent's actual ability to pay child support. Consequently, the court set aside the Registrar's decision and substituted its own determination.