Gaba and Kaasa (Child support)

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

The Tribunal was required to determine whether the Registrar had erred in finding that a ground for departure under section 117 of the *Child Support (Registration and Collection) Act 1988* (Cth) had been established. Specifically, the Tribunal had to consider whether Mr Gaba's actual financial circumstances, including his income, property, and financial resources, were such that the assessment based on his notional income was not fair and just. The Tribunal also had to review the Registrar's decision to depart from the assessment.

The Tribunal found that the Registrar had failed to adequately consider all relevant information regarding Mr Gaba's financial position. It was held that the Registrar had not given sufficient weight to evidence demonstrating that Mr Gaba's income and financial resources were significantly less than what might have been inferred from the initial assessment. Applying the principles of fairness and justice inherent in the *Child Support (Registration and Collection) Act 1988*, the Tribunal concluded that the departure determination was not justified on the evidence before the Registrar.

Consequently, the Tribunal set aside the departure determination made by the Child Support Registrar and substituted its own decision. The Tribunal ordered that the child support assessment remain as originally calculated, without departure.