Doyle and Doyle (Child support)

This matter concerned an appeal by the father, Mr Doyle, against a departure determination made by the Registrar of the Child Support Agency. The Registrar had determined that the father's child support assessment should be departed from, and a higher amount of child support ordered, based on the father's financial resources. The appeal was heard by P Jensen M in the Federal Circuit Court of Australia.

The primary legal issue before the court was whether the Registrar had erred in her assessment of the father's financial resources and, consequently, whether the departure determination was justified under the *Child Support (Registration and Collection) Act 1988* (Cth). Specifically, the court needed to consider if the Registrar had correctly identified and valued the father's financial resources and if these resources were such that the existing assessment was not fair and proper.

P Jensen M reviewed the evidence presented regarding the father's financial position, including his income, assets, and liabilities. The court applied the principles outlined in the *Child Support (Registration and Collection) Act 1988* (Cth) concerning departure from a child support assessment, which requires demonstrating that the assessment is not fair and proper due to the financial resources of a liable parent. The court found that the Registrar had made an error in her assessment of the father's financial resources, leading to an incorrect departure determination.

The court set aside the Registrar's departure determination and substituted its own. The father's child support assessment was not departed from, meaning the original assessment remained in place.