Grant and Saylor (Child support)

The matter of *Grant and Saylor* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to have the assessed child support payable by the respondent varied on the basis of the income, property, and financial resources of both parents, as well as significant child care costs. The decision under review was made by the Registrar of the Child Support Agency.

The primary legal issue before the court was whether the Registrar's decision to refuse the departure determination was erroneous. This required the court to consider whether the circumstances of the case met the criteria for a departure from the standard assessment, specifically in relation to the income and financial resources of the parties and the high costs associated with childcare.

The court found that the Registrar had failed to adequately consider the benefits derived by the respondent from his business and the impact of these benefits on his capacity to pay child support. Furthermore, the court determined that the significant child care costs incurred by the applicant were a relevant factor that had not been properly weighed in the original assessment. Applying the principles of the *Child Support (Registration and Collection) Act 1988*, the court concluded that the existing assessment did not make proper and adequate provision for the child.

Consequently, the court set aside the Registrar's decision and substituted its own determination, varying the child support assessment to reflect the findings regarding the parties' financial circumstances and the child's care costs.