Hailey and Childers (Child support)

The Administrative Appeals Tribunal (AAT) considered an application by the liable parent, Mr Childers, to set aside a departure determination made by the Registrar of Child Support. The determination had been made on the basis that Mr Childers' income, property, and financial resources were significantly different from those that would be assumed under the Child Support (Assessment) Act 1989 (Cth). Ms Hailey was the payee parent.

The primary legal issue before the Tribunal was whether the Registrar's decision to depart from the assessment formula was justified. This required the Tribunal to determine if the grounds for departure, as outlined in section 117 of the Act, were established, and if so, whether it was just and equitable to depart from the assessment. The Tribunal also had to consider whether the departure determination was the correct or preferable decision in the circumstances.

The Tribunal found that Mr Childers had failed to establish that his income, property, or financial resources were significantly different from those assumed under the Act. Specifically, the Tribunal was not satisfied that Mr Childers had discharged his onus of proof in demonstrating that he had a greater capacity to pay child support than that which would be assessed under the standard formula. Consequently, the Tribunal concluded that the grounds for departure under section 117 were not met.

The Tribunal set aside the Registrar's departure determination and substituted its own decision that no departure from the assessment was justified.