Gerard and Wormald (Child support)

This matter concerned an appeal to the Federal Circuit and Family Court of Australia concerning a departure determination made by the Child Support Registrar. The parties involved were Gerard and Wormald, with the dispute revolving around the assessment of child support payable by Mr. Wormald. The decision under review was initiated by the Registrar, who had made a determination regarding Mr. Wormald's income and financial resources, specifically in relation to his business income.

The primary legal issue before the Court was whether the Registrar's departure determination was correct, particularly concerning the assessment of Mr. Wormald's income and financial resources derived from his business. The Court was required to consider the evidence presented regarding Mr. Wormald's financial position and whether the Registrar had properly applied the relevant provisions of the *Child Support (Registration and Collection) Act 1988* in making the determination.

Her Honour, Magistrate Lewis, reviewed the evidence and the Registrar's decision. The Court found that the Registrar had erred in her assessment of Mr. Wormald's business income. The reasoning focused on the proper calculation of assessable income from a business, taking into account allowable deductions and the actual financial benefit received by Mr. Wormald. The Court applied the principles of income assessment under the *Child Support (Registration and Collection) Act 1988*, emphasizing the need for an accurate reflection of a parent's capacity to pay.

The Court set aside the Registrar's departure determination and substituted its own. The substituted decision reflected a revised assessment of Mr. Wormald's income and, consequently, his child support liability.