Fereday and Waterfield (Child support)

This matter concerned an application by the respondent father for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) regarding child support payable to the applicant mother. The dispute centred on the income, property, and financial resources of both parents, with the father asserting he had no earning capacity. The decision under review was made by the Registrar and was subsequently set aside and substituted by the Court.

The primary legal issue before the Court was whether the Registrar's decision to depart from the assessment of child support was justified, specifically in light of the father's claimed lack of earning capacity and the overall financial circumstances of both parties. The Court was required to consider the evidence presented regarding the income, property, and financial resources of both the father and the mother to determine if a departure from the standard assessment was warranted.

In reaching its decision, the Court applied the principles governing departure determinations under the *Child Support (Registration and Collection) Act 1988*. The Court considered the evidence of the father's financial position, including his asserted lack of earning capacity, and weighed this against the financial position of the mother and the needs of the child. The Court ultimately found that the circumstances warranted a departure from the assessment, substituting its own determination for that of the Registrar. The Court made orders reflecting this substituted determination.