Gavin and Sony (Child support)

This matter concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) brought by the liable parent, Gavin, against the Child Support Registrar. The dispute centred on the assessment of Gavin's income for child support purposes, specifically in relation to his irregular and casual employment undertaken while he was also in receipt of unemployment benefits. The decision under review had previously varied a child support assessment.

The primary legal issue before the court was whether Gavin's income, property, and financial resources had been correctly assessed for the purposes of child support, particularly given the nature of his employment. The court was required to determine if the departure determination made by the Registrar was appropriate, considering the irregular and casual nature of Gavin's work alongside his unemployment benefits.

The court considered the principles governing the assessment of income for child support, noting that the legislation allows for a departure from the standard assessment where it would be unfair to do so. In this instance, the court found that Gavin's irregular and casual work, while in receipt of unemployment benefits, meant that his actual income was not accurately reflected by a standard assessment based solely on his unemployment benefits. The court applied the principles of assessing a parent's capacity to earn and their actual financial resources, concluding that the departure determination was warranted to ensure a more equitable child support assessment. The decision under review was varied.