Elwes and Entwistle (Child support)

This matter concerned an appeal by the liable parent, Mr Elwes, against a departure determination made by the Registrar of the Child Support Agency. The dispute centred on whether the Registrar had correctly considered the income, property, and financial resources of Mr Elwes when making the determination to depart from the child support assessment. The appeal was heard by Member S Letch in the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the Registrar’s decision to depart from the child support assessment was justified under the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth). Specifically, the Tribunal had to determine if a ground for departure was established and, if so, whether the decision to depart was the correct and preferable one in the circumstances.

Member Letch reasoned that the Registrar had erred in her assessment of Mr Elwes' financial position. The Tribunal found that Mr Elwes possessed significant financial resources that had not been adequately taken into account in the initial assessment. Applying the principles of the *Child Support (Registration and Collection) Act 1988* (Cth), the Tribunal concluded that a ground for departure was indeed established due to these undisclosed or undervalued financial resources. Consequently, the Tribunal set aside the Registrar's original departure determination and substituted its own decision. The Tribunal ordered that the child support assessment be varied to reflect the true financial position of the liable parent.