Hodder and Mayer (Child support)

This matter concerned an application by the liable parent, Mr Hodder, for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The dispute centred on whether the liable parent's income, property, and financial resources should be assessed differently for the purposes of calculating child support. The decision under review was made by the Registrar of the Child Support Agency. The case was heard by Member S Letch in the [Name of Tribunal/Court].

The primary legal issue before the court was whether the Registrar erred in their assessment of the liable parent's income, property, and financial resources when determining the child support payable. Specifically, the court was required to consider whether the Registrar had adequately taken into account all relevant factors and applied the correct legal principles in reaching their decision.

Member S Letch found that the Registrar's decision was not supported by the evidence and that the Registrar had failed to properly consider the liable parent's actual financial position and earning capacity. The court applied the principles of administrative law, requiring that decisions be made on a proper consideration of the evidence and in accordance with the relevant legislative provisions. The court determined that the Registrar's assessment did not reflect the reality of the liable parent's financial circumstances.

The court set aside the Registrar's decision and substituted its own determination regarding the child support payable by Mr Hodder.