Everett and Everett (Child support)

This matter concerned an appeal by the liable parent, Mr. Everett, against a departure determination made by the Registrar of the Child Support Agency. The dispute centred on whether the Registrar had correctly considered Mr. Everett's income, property, and financial resources when making the determination to depart from the standard child support assessment. The appeal was heard by the Federal Magistrates Court of Australia.

The primary legal issue before the Court was whether the Registrar had erred in law by failing to properly consider all relevant aspects of Mr. Everett's financial position, specifically his income, property, and financial resources, as required by the *Child Support (Registration and Collection) Act 1988* (Cth). The Court was asked to determine if the Registrar's decision to depart from the assessment was justified on the evidence before them.

The Court reviewed the evidence presented to the Registrar and found that the Registrar had not adequately taken into account the full extent of Mr. Everett's financial resources, including certain assets and income streams that were not fully reflected in the standard assessment. The Court applied the principles of administrative law, requiring that decisions be made on a proper consideration of all relevant factors. The Court concluded that the Registrar's decision was affected by an error of law due to this insufficient consideration.

Consequently, the Federal Magistrates Court set aside the Registrar's departure determination and substituted its own decision. The Court ordered that the child support assessment be recalculated, taking into account the full financial circumstances of Mr. Everett as presented to the Court.