Genge and Ambler (Child support)

This matter concerned an appeal by the liable parent, Mr Genge, against a departure determination made by the Registrar of the Child Support Agency. The dispute centred on whether the Registrar had erred in departing from the usual child support assessment based on the liable parent's income, property, and financial resources. The appeal was heard by the Federal Magistrates Court of Australia.

The primary legal issue before the Court was whether the Registrar had correctly applied the provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) when making the departure determination. Specifically, the Court had to consider whether the grounds for departure were established and whether the decision to depart was justified in the circumstances of the case.

The Court reviewed the evidence presented regarding Mr Genge's financial position, including his income, property, and other financial resources. It was found that the Registrar had indeed established a ground for departure under the Act. However, the Court determined that the Registrar's decision to depart from the assessment was not adequately supported by the evidence and reasoning provided. Consequently, the Court set aside the Registrar's departure determination and substituted its own decision.