Hills and Hills (Child support)

This matter concerned an appeal by the liable parent, referred to as Hills, against a departure determination made by the Child Support Registrar. The dispute centred on the Registrar's decision to depart from the usual child support assessment based on the liable parent's income, property, and financial resources, and specifically his earning capacity. The appeal was heard by M Baulch M.

The primary legal issue before the court was whether the Child Support Registrar had erred in making the departure determination. This required the court to consider whether the grounds for departure, as established under the relevant legislation, were made out in relation to the liable parent's circumstances, particularly his earning capacity.

The court affirmed the decision of the Child Support Registrar. It was found that no grounds had been established to justify a departure from the standard assessment. The reasoning applied was that the liable parent's earning capacity, as assessed by the Registrar, was not such that it warranted an adjustment to the child support assessment under the legislative provisions. Consequently, the Registrar's original decision was upheld.