Holcomb and Garrad (Child support)

This matter concerned an appeal to the Full Court of the Family Court of Australia regarding a departure determination made by the Child Support Registrar. The appeal was brought by the father, Mr Holcomb, against the mother, Ms Garrad, concerning the assessment of child support payable for their child.

The primary legal issue before the Full Court was whether the Registrar had erred in making a departure determination under section 117 of the *Child Support (Registration and Collection) Act 1988* (Cth). Specifically, the Court had to consider whether the Registrar had correctly applied the grounds for departure, particularly in relation to the income, property, and financial resources of the carer entitled to receive child support.

The Full Court found that the Registrar had erred in her assessment. The Court held that the Registrar had failed to properly consider the extent of the mother's financial resources and earning capacity when determining whether to depart from the formula assessment. The principles applied by the Court emphasised the need for a comprehensive evaluation of all relevant financial circumstances of the receiving parent to ensure that any departure determination was just and equitable. The Court concluded that the Registrar's decision to depart was not supported by the evidence and the applicable legal tests.

The Full Court set aside the Registrar's departure determination and substituted an order that no departure from the formula assessment of child support was warranted.