Herson and Bankert (Child support)

This matter concerned an appeal by the father, Mr Herson, against a departure determination made by the Registrar of the Child Support Agency. The dispute centred on the child support payable by the father to the mother, Ms Bankert, with the Registrar having made a decision to depart from the formula assessment. The appeal was heard by the Magistrates Court of Victoria.

The primary legal issue before the Magistrates Court was whether the Registrar had erred in making the departure determination. Specifically, the court was required to consider whether the grounds for departure, as outlined in the Child Support (Registration and Collection) Act 1988, were established. These grounds included the costs of spending time with or communicating with the child, the costs of education, and the manner in which the child was expected to be educated by both parents, taking into account the income, property, and financial resources of each parent.

The Magistrates Court reviewed the evidence and the Registrar's decision. The court found that the Registrar had correctly identified and applied the relevant legislative provisions. The evidence supported the conclusion that the costs associated with the child's education, particularly in the manner expected by both parents, constituted a ground for departure. The court was satisfied that the Registrar's decision to depart from the formula assessment was justified and that the Registrar had properly considered the financial circumstances of both parties in reaching that conclusion.

The Magistrates Court dismissed the father's appeal, affirming the Registrar's departure determination.