Gunton and Zeal (Child support)

This matter concerned an appeal by the liable parent, Mr. Gunton, against a departure determination made by the Registrar of the Child Support Agency, which had increased his child support liability. The dispute centred on whether the Registrar had correctly considered the income, property, and financial resources of Mr. Gunton when making the departure determination. The appeal was heard by the Administrative Appeals Tribunal.

The Tribunal was required to determine whether a ground for departure from the child support assessment formula was established under section 117 of the *Child Support (Registration and Collection) Act 1988* (Cth). Specifically, the Tribunal had to consider whether Mr. Gunton's actual financial circumstances, including his income, property, and financial resources, were such that the assessment formula did not make adequate or proper provision for the child's maintenance. The Tribunal also had to determine whether, if a ground for departure was established, it was just and equitable to depart from the assessment and, if so, what the departure amount should be.

The Tribunal found that the Registrar had failed to adequately consider all relevant aspects of Mr. Gunton's financial position, particularly certain payments and entitlements that were not fully reflected in his assessed income. The Tribunal applied the principles outlined in the *Child Support (Registration and Collection) Act 1988* (Cth), focusing on the need to ensure that child support assessments accurately reflect a liable parent's capacity to pay, taking into account their full financial resources. The Tribunal concluded that a ground for departure was established and that it was just and equitable to depart from the assessment.

The Tribunal set aside the Registrar's departure determination and substituted its own, ordering a revised child support payment amount for Mr. Gunton.