Farnham and Doherty (Child support)

This matter concerned an appeal by the father, Mr. Farnham, against a departure determination made by the Child Support Registrar concerning child support payable for the parties' child. The mother, Ms. Doherty, had sought a departure from the usual formula assessment, citing the father's income, property, and financial resources, as well as benefits derived from his business. The child’s special needs and childcare costs were also raised as factors. The appeal was heard by the Federal Circuit Court of Australia.

The primary legal issue before the Court was whether the Registrar’s decision to depart from the formula assessment was justified, and if not, whether it was just and equitable to make a substituted departure determination. This involved considering whether the existing assessment was inadequate due to the father's financial circumstances and the child's specific needs, and if so, what a just and equitable assessment would be.

The Court reviewed the evidence presented regarding the father's income and financial resources, including benefits derived from his business. It also considered the child's special needs and the associated childcare costs. The Court found that the Registrar’s original decision was not justified and therefore set it aside. The Court then substituted its own departure determination, finding it just and equitable to do so based on the evidence before it.