Gordiwalla and Jermone (Child support)

This matter concerned an appeal by the father, Mr. Gordiwalla, against a departure determination made by the Registrar of the Child Support Agency concerning child support payable for the parties' two children. The mother, Ms. Jermone, sought to depart from the standard assessment of child support on the grounds of the high costs of child care. The appeal was heard by R Anderson M in the Federal Circuit Court of Australia.

The primary legal issue before the court was whether the Registrar's decision to depart from the standard assessment was justified. This required the court to consider whether it was just and equitable, and otherwise proper, to make a departure determination, taking into account the income, property, and financial resources of both parents, as well as the specific circumstances of the children, including the high costs of child care.

The court reviewed the evidence presented by both parties regarding their financial positions and the actual costs incurred for child care. His Honour considered the principles of the *Child Support (Registration and Collection) Act 1988* (Cth) relating to departure determinations, particularly the need for the departure to be both just and equitable and otherwise proper. After careful consideration of the evidence and the relevant legislative provisions, the court found that the Registrar's decision was not sufficiently supported by the evidence and did not adequately consider all relevant factors. Consequently, the court set aside the Registrar's departure determination and substituted its own decision. The court ordered that the standard assessment of child support would apply.