Lapthorne and Barnbrook (Child support)

The matter of *Lapthorne and Barnbrook* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to have the assessed child support payable by the respondent varied, based on allegations concerning the income, property, and financial resources of both parents. The decision under review was made by the Registrar of the Child Support Agency.

The primary legal issue before the court was whether the Registrar's decision to refuse the departure determination was erroneous. This required the court to consider whether the grounds for departure were established, specifically whether the child support assessment was unjust or inequitable having regard to the specific circumstances of the case, including the financial positions of both parties.

The court reviewed the evidence presented regarding the financial circumstances of both Mr. Lapthorne and Ms. Barnbrook. It was found that the Registrar had failed to adequately consider certain aspects of the financial information provided, particularly in relation to the income and financial resources available to Mr. Lapthorne. The court applied the principles governing departure determinations, which require a consideration of whether the assessment would be unjust or inequitable due to specific circumstances not adequately covered by the standard assessment formula.

The court set aside the Registrar's decision and substituted its own determination. The court ordered that the child support assessment be varied, reflecting a departure from the original assessment based on the findings regarding the parties' financial positions.