Doran and Windle (Child support)

This matter concerned an appeal by the liable parent, Mr Doran, against a departure determination made by the Child Support Registrar. The determination had increased the child support payable by Mr Doran to Ms Windle, the recipient parent, on the basis of Mr Doran's income, property, and financial resources, including benefits derived from his business, and the costs of child care and medical expenses incurred by Ms Windle. The review of the Registrar's decision was heard by Member S Letch.

The primary legal issue before the court was whether the Child Support Registrar had erred in making the departure determination. Specifically, the court was required to consider whether the Registrar had correctly assessed Mr Doran's income, property, and financial resources, and whether the inclusion of child care and medical costs was appropriate in calculating the child support liability. The court also had to determine if the departure from the standard child support assessment was justified under the relevant provisions of the *Child Support (Registration and Collection) Act 1988*.

Member S Letch found that the Registrar had erred in its assessment of Mr Doran's financial position and the calculation of the departure amount. The court reasoned that the Registrar had not adequately considered all relevant factors, including the actual benefits derived by Mr Doran from his business and the extent to which those benefits should be attributed to him for child support purposes. Furthermore, the court determined that the inclusion of certain costs was not warranted under the legislation. Consequently, the court set aside the Registrar's departure determination and substituted its own. The court ordered that the original child support assessment remain in effect.