Lane and Carter-Lane (Child support)

The case of *Lane and Carter-Lane* concerned a review of a departure determination made by the Child Support Registrar. The dispute involved the liable parent, Mr Carter-Lane, and the other parent, Ms Lane, regarding child support payments. The matter came before the court for a review of the Registrar's decision.

The primary legal issue before the court was whether the Child Support Registrar had erred in its assessment of Mr Carter-Lane's income, property, and financial resources when making the departure determination. Specifically, the court was required to consider whether the Registrar had correctly applied the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) concerning the consideration of a liable parent's earning capacity.

The court found that the Registrar had failed to properly consider Mr Carter-Lane's earning capacity. The legal principle applied was that under the *Child Support (Registration and Collection) Act 1988*, a liable parent's earning capacity is a relevant factor to be taken into account when determining child support obligations, particularly in circumstances where their actual income may not reflect their full financial capacity. The court determined that the Registrar's decision was not supported by the evidence and did not properly reflect the legislative intent.

Consequently, the court set aside the Child Support Registrar's departure determination and substituted its own decision.