Gowland and Child Support Registrar (Child support)

This matter concerned an appeal by Mr Gowland against a decision of the Child Support Registrar concerning the assessment of child support. The dispute centred on whether Mr Gowland was entitled to a departure from the standard child support assessment on the grounds that the assessment was not just and equitable.

The primary legal issue before the court was whether the Registrar's decision to refuse Mr Gowland's application for a departure from the child support assessment was correct. Specifically, the court had to consider whether the existing assessment was not just and equitable, and if so, whether a departure was warranted under the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth).

The Senior Member, D Benk SM, found that Mr Gowland had not established that the child support assessment was not just and equitable. The Senior Member considered the evidence presented by Mr Gowland, which related to his financial circumstances and his asserted inability to meet the assessed child support obligations. However, the Senior Member concluded that the evidence did not demonstrate that the standard assessment would result in significant hardship or an unjust outcome, nor did it establish that the assessment failed to make proper or adequate provision for the child. The Senior Member applied the principles established in case law regarding departure applications, emphasising the high threshold required to displace a prima facie assessment.

The appeal was dismissed.