Garside and Garside (Child support)

This matter concerned an appeal by the liable parent, Mr Garside, against a departure determination made by the Registrar of the Child Support Agency. The dispute centred on whether the Registrar had correctly considered the income, property, and financial resources of Mr Garside when making the determination to depart from the formula assessment of child support payable for the parties' child. The appeal was heard by Member S Letch in the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the Registrar had erred in law or fact in making the departure determination. Specifically, the Tribunal was required to consider whether the Registrar had properly assessed Mr Garside's financial circumstances and whether these circumstances warranted a departure from the standard child support assessment under the relevant provisions of the *Child Support (Registration and Collection) Act 1988*.

Member Letch found that the Registrar had failed to adequately consider all relevant financial information provided by Mr Garside, particularly concerning his income and financial resources. The Tribunal concluded that the Registrar's decision to depart from the formula assessment was not supported by the evidence before them. Consequently, the Tribunal set aside the Registrar's departure determination and substituted its own decision, which involved a reassessment of the child support payable.