Franco and Franco (Child support)

This matter concerned an appeal by the liable parent, Mr Franco, against a departure determination made by the Child Support Registrar. The Registrar had determined that a departure from the standard child support assessment was justified under section 117 of the *Child Support (Registration and Collection) Act 1988* (Cth) on the basis of the liable parent's income, property, and financial resources. The appeal was heard by J Thomson M.

The primary legal issue before the court was whether the Child Support Registrar had erred in making the departure determination. Specifically, the court was required to consider whether the Registrar had correctly applied the relevant provisions of the *Child Support (Registration and Collection) Act 1988*, particularly those relating to the assessment of a liable parent's income, property, and financial resources, and whether these factors warranted a departure from the standard assessment.

J Thomson M found that the Registrar had made an error in the assessment of the liable parent's financial resources. The court reasoned that the Registrar had failed to properly consider certain financial resources available to Mr Franco, which, if taken into account, would have altered the basis for the departure determination. The court applied the principles of statutory interpretation to the relevant sections of the Act, focusing on the broad definition of "income, property and financial resources" and the discretion afforded to the Registrar in making departure decisions.

The court set aside the decision of the Child Support Registrar and substituted its own decision. The effect of this substitution was that the departure determination was no longer in force.