Dutton and Dietz (Child support)

The matter of *Dutton and Dietz (Child Support)* 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, alleging that the liable parent possessed undisclosed income, property, and financial resources. The decision under review was made by the Registrar of the Child Support Agency.

The primary legal issue before the court was whether the Registrar had erred in law in refusing to make a departure determination. Specifically, the court was required to consider whether the grounds for departure, as outlined in section 117 of the Act, were established by the evidence presented, and if so, whether the Registrar had properly exercised their discretion in deciding not to depart from the assessed amount.

The court found that the Registrar had failed to adequately consider all relevant evidence regarding the liable parent's financial position, including evidence of undeclared income and assets. The court applied the principles established in cases concerning departure determinations, emphasising that a broad and practical approach must be taken when assessing a liable parent's income, property, and financial resources. The court concluded that the Registrar's decision was affected by an error of law due to this failure to properly consider the evidence.

Consequently, the court set aside the Registrar's decision and substituted its own determination, ordering a departure from the assessed child support amount.