Hendy v Deputy Child Support Registrar & Anor

The applicant, Mr. Hendy, sought judicial review of a decision made by the Deputy Child Support Registrar, which had been affirmed by the Child Support Registrar. The dispute concerned the assessment of child support payments. The matter came before the High Court of Australia.

The central legal issue before the High Court was whether the Registrar had erred in law by failing to consider, or adequately consider, the applicant's submission that he had been unable to pay the assessed child support due to his financial circumstances. Specifically, the court had to determine if the Registrar's decision was affected by an error of law, as contemplated by the *Administrative Decisions (Judicial Review) Act 1977* (Cth).

The High Court found that the Registrar's decision-making process, as evidenced by the reasons provided, did not demonstrate that the applicant's submissions regarding his financial inability to pay had been properly considered. The court emphasised that while the Registrar had a discretion to depart from the standard assessment formula, this discretion must be exercised in accordance with the law. The failure to engage with the applicant's evidence of financial hardship meant that the Registrar had not properly exercised that discretion, constituting an error of law.

The High Court made orders quashing the decision of the Deputy Child Support Registrar and remitting the matter to the Registrar for redetermination according to law.