Gerberry and Murnan (Child support)

This matter concerned an application for review of a departure determination made by the Child Support Registrar. The applicants, Gerberry and Murnan, sought to set aside the Registrar's decision to depart from the formula assessment of child support payable by the liable parent. The dispute centred on whether the Registrar had correctly considered the income, property, and financial resources of the liable parent when making the departure determination.

The primary legal issue before the court was whether the Child Support Registrar had erred in law in making the departure determination. Specifically, the court was required to determine if the Registrar had properly applied the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) concerning grounds for departure and the assessment of a parent's financial circumstances.

The court found that a ground for departure had been established. However, it concluded that the Registrar's decision to depart was flawed due to an insufficient consideration of the liable parent's income, property, and financial resources. The court reasoned that a comprehensive assessment of these factors was essential for a just and equitable departure determination. Consequently, the court set aside the Registrar's original decision and substituted its own determination.