Keir and Keir (Child support)

This matter concerned an appeal by the liable parent, Mr Keir, against a departure determination made by the Child Support Registrar. The determination had the effect of increasing the assessed child support payable by Mr Keir to Ms Keir, the recipient parent. The appeal was heard by Judicial Registrar Thomson M.

The primary legal issue before the court was whether the Registrar had erred in making the departure determination. Specifically, the court was required to consider whether the Registrar had correctly assessed Mr Keir's income, property, and financial resources, and whether these factors warranted a departure from the usual child support assessment provisions. The court also had to determine if the Registrar's decision was otherwise legally sound.

Judicial Registrar Thomson M found that the Registrar had made an error in the assessment of Mr Keir's financial position. The court reasoned that the Registrar had failed to properly account for certain liabilities and expenses of Mr Keir, which had resulted in an overestimation of his disposable income. Applying the principles of the *Child Support (Registration and Collection) Act 1988*, the court concluded that the departure determination was not justified on the facts as presented and assessed.

Consequently, the court set aside the departure determination made by the Child Support Registrar and substituted its own decision, which resulted in a revised child support assessment for Mr Keir.