Disney and Cleary (Child support)

This matter concerned an appeal to the Child Support Appeals Tribunal regarding a departure determination made by the Registrar. The appeal was brought by the liable parent, Mr Disney, against the decision to depart from the formula assessment of child support payable to the payee parent, Ms Cleary. The core of the dispute revolved around the income, property, and financial resources of both parents, and specifically, the benefits derived by Mr Disney from his business.

The Appeals Tribunal was required to determine whether the Registrar’s decision to depart from the formula assessment was justified. This involved considering whether the liable parent’s actual financial circumstances, particularly those arising from his business interests, were such that the formula assessment did not adequately reflect his capacity to pay child support. The Tribunal had to assess whether the grounds for departure, as outlined in the relevant legislation, were established on the evidence before it.

In reaching its decision, the Tribunal affirmed the Registrar's finding that a ground for departure was established. The reasoning focused on the benefits Mr Disney derived from his business, which were not fully captured by the standard formula assessment. The Tribunal applied the principles governing departure determinations under the *Child Support (Registration and Collection) Act 1988*, considering the overall financial position of the liable parent and the extent to which his income and financial resources allowed for a higher child support payment than that calculated by the formula. The Tribunal found that the Registrar’s decision to depart from the formula assessment was sound and supported by the evidence presented.