Deyes and Deyes (Child support)

This matter concerned an appeal by the liable parent, Mr Deyes, against a departure determination made by the Registrar of Child Support. The dispute centred on the Registrar's assessment of Mr Deyes' income, property, and financial resources, specifically in relation to benefits derived from his business and significant investments, as well as income received from a trust. The appeal was heard by the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the Registrar's departure determination was justified under the *Child Support (Registration and Collection) Act 1988* (Cth). This required the Court to consider whether Mr Deyes' actual financial circumstances, including his business benefits and trust income, were such that the assessment of child support based on his ordinary income would be unjust or inequitable. The Court had to determine if the Registrar had correctly applied the relevant provisions of the Act in departing from the standard assessment.

In reaching its decision, the Court reviewed the evidence presented regarding Mr Deyes' financial position. It considered the nature of the benefits he derived from his business and the extent of his investments, as well as the income generated by the trust. The Court applied the principles established in child support legislation and case law concerning the assessment of a liable parent's financial capacity, particularly where complex business structures and trust arrangements are involved. The Court found that the Registrar's determination was not supported by the evidence and that the assessment of child support should not have been departed from on the basis presented.

Consequently, the Court set aside the Registrar's departure determination and substituted its own decision, which did not involve a departure from the standard assessment of child support.