Demitriou and Demitriou (Child support)

This matter concerned an appeal by the father, Demitriou, against a decision of the Child Support Registrar to refuse a departure determination. The father sought to have the child support assessment varied on the grounds that the mother's income, property, and financial resources were not being taken into account, and that it would not be just and equitable to make the assessment as it stood. The Registrar had previously considered these factors and determined that a departure was not warranted.

The primary legal issue before the court was whether the Registrar's decision not to make a departure determination was correct, specifically whether it was just and equitable to depart from the child support assessment having regard to the income, property, and financial resources of both parents. The court was required to review the evidence and the Registrar's findings to determine if the Registrar had erred in law or fact.

The court affirmed the Registrar's decision, finding that the Registrar had properly considered all relevant factors, including the income, property, and financial resources of both parties. The court was satisfied that the Registrar's conclusion that it was not just and equitable to depart from the assessment was open to the Registrar on the evidence before her. Therefore, the appeal was dismissed.