Durbridge and Oliver (Child support)

The matter of *Durbridge and Oliver* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to depart from the assessed child support amount, arguing that the liable parent possessed undisclosed income, property, and financial resources. The decision under review was made by the Registrar of the Child Support Registrar.

The primary legal issue before the court was whether the applicant had established grounds for a departure determination. Specifically, the court had to consider whether the liable parent's income, property, and financial resources were such that the assessed child support amount was not just and equitable, and whether the Registrar's decision to refuse the departure determination was correct.

Justice Thomson M affirmed the Registrar's decision, finding that no grounds for departure had been established. The court applied the principles outlined in the *Child Support (Registration and Collection) Act 1988*, which require a party seeking a departure determination to demonstrate that the assessment is not just and equitable due to specific circumstances, including the income, property, and financial resources of a parent. In this instance, the court was not satisfied that the evidence presented by the applicant met the threshold required to justify a departure from the assessed child support amount.