Kareem and Kareem (Child support)

This matter concerned an appeal to the Full Court of the Family Court of Australia regarding child support. The parties, Mr Kareem and Ms Kareem, were in dispute over the assessment of child support payable by Mr Kareem to Ms Kareem.

The primary legal issue before the Full Court was whether the Registrar's decision to depart from the child support formula, pursuant to section 117 of the *Child Support (Registration and Collection) Act 1988* (Cth), was justified. Specifically, the Court had to consider whether the circumstances of the case constituted an "unreasonable departure" from the formula assessment, as contemplated by the Act.

Deputy Judge Walsh P, delivering the judgment of the Court, reasoned that the Registrar had erred in departing from the formula. The Court applied the principles established in *D'Arcy and D'Arcy* and *Harris and Harris*, emphasizing that a departure from the formula should only be made in exceptional circumstances and where the formula assessment would be manifestly unfair. The Court found that the reasons provided by the Registrar for the departure did not meet this high threshold, as they did not demonstrate that the standard assessment would lead to an unjust outcome for either party or the child.

The Full Court allowed the appeal, setting aside the Registrar's decision and remitting the matter back to the Registrar for redetermination in accordance with the child support formula.