Gibbs and Buckby (Child support)

This matter concerned an application for review of a departure determination made by the Child Support Registrar concerning the child support assessment for the parties' child. The applicant, Gibbs, sought to set aside the Registrar's decision to depart from the usual assessment formula, while the respondent, Buckby, sought to uphold it. The review was heard by Member A Beckett.

The primary legal issue before the court was whether the Registrar had erred in making a departure determination under section 117 of the *Child Support (Registration and Collection) Act 1988* (Cth). Specifically, the court had to consider whether the Registrar had correctly identified and applied the grounds for departure, and whether the decision to depart was justified based on the evidence before the Registrar regarding the income, property, and financial resources of the liable parent.

The court found that the Registrar had correctly identified a ground for departure under section 117(1)(a) of the Act, as the liable parent's income was significantly higher than that which would be assessed under the standard formula. However, the court determined that the Registrar had failed to adequately consider all relevant factors when substituting a revised assessment, particularly in relation to the capacity of the liable parent to pay the revised amount and the potential impact on the child's other parent. The court concluded that the Registrar's decision to depart and the subsequent substituted assessment were not justified on the evidence.

Consequently, the court set aside the Registrar's departure determination and substituted its own decision, which was to refuse to make a departure determination.