Garbutt and Crewe (Child support)

This matter concerned an appeal by the liable parent, Mr Garbutt, against a departure determination made by the Registrar of the Child Support Agency. The dispute centred on the Registrar's decision to depart from the assessment of child support payable by Mr Garbutt, based on his alleged income, property, and financial resources. The appeal was heard by the Child Support Registrar.

The primary legal issue before the Registrar was whether the income, property, and financial resources of Mr Garbutt were such that the assessment of child support payable by him was unjust or inequitable. Specifically, the Registrar had to consider whether Mr Garbutt had no earning capacity, and if so, whether this constituted a ground for departure from the standard assessment.

The Registrar reasoned that the evidence presented established that Mr Garbutt did not have an earning capacity. This finding was considered a sufficient ground for departure from the child support assessment. Consequently, the Registrar determined that it was appropriate to depart from the assessment.

The Registrar set aside the original departure determination and substituted a new decision, finding that a departure from the assessment was justified on the grounds of Mr Garbutt's lack of earning capacity.