Davies and Clark (Child support)

The matter of *Davies and Clark* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to have the child support assessment varied on the basis of the respondent's income and financial resources, specifically the receipt of lump sum payments. The decision under review was made by the Child Support Registrar.

The primary legal issue before the court was whether the Child Support Registrar had erred in their decision to refuse the departure determination. This required the court to consider whether the respondent's receipt of lump sum payments constituted a relevant change in their financial circumstances that warranted a departure from the standard assessment, and whether the Registrar had properly applied the relevant legislative provisions and principles in reaching their conclusion.

The court affirmed the decision of the Child Support Registrar. The reasoning focused on the Registrar's assessment of the respondent's income and financial resources, including the lump sum payments. The Registrar had considered the nature of these payments and their impact on the respondent's capacity to pay child support, concluding that a departure was not justified. The court found no error in this assessment, upholding the Registrar's application of the principles governing departure determinations.