Georgiev and Georgiev (Child support)

The case of *Georgiev and Georgiev* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to have the assessed child support payable by the respondent varied, based on allegations concerning the respondent's income, property, and financial resources, particularly benefits derived from a business. The Senior Member of the court was required to review the initial decision made by the Registrar.

The primary legal issue before the court was whether the Registrar had erred in refusing to make a departure determination. This required the court to consider whether the respondent's circumstances, specifically his income, property, and financial resources, were such that the assessment of child support payable under the *Child Support (Assessment) Act 1989* (Cth) was unjust or inequitable. The court had to determine if the respondent's actual financial position, including benefits derived from his business, differed significantly from what was reflected in the child support assessment.

The Senior Member found that the Registrar had failed to adequately consider the evidence presented regarding the respondent's financial position and the benefits he derived from his business. The court applied the principles of the *Child Support (Assessment) Act 1989* (Cth), which allow for departure from a child support assessment in certain circumstances where it would be unjust or inequitable to do so. The Senior Member concluded that the Registrar's decision was not supported by the evidence and that a departure determination was warranted. The court set aside the Registrar's decision and substituted its own determination.