Lister and Lister (Child support)

This matter concerned an appeal by the liable parent, Mr Lister, against a departure determination made by the Child Support Registrar. The dispute centred on the assessment of Mr Lister's income for child support purposes, specifically his business income, and whether the Registrar's decision to vary his adjusted taxable income was justified. The appeal was heard by W Kennedy M.

The primary legal issue before the court was whether the Child Support Registrar had erred in making a departure determination under section 117 of the *Child Support (Registration and Collection) Act 1988* (Cth). This required the court to consider whether the Registrar had correctly identified and applied the grounds for departure, particularly in relation to the liable parent's income and financial resources derived from his business. The court also had to determine if the adjusted taxable income attributed to Mr Lister was a fair reflection of his capacity to pay child support.

The court affirmed the Registrar's decision, finding that the ground for departure was established. The Registrar had properly considered the income and financial resources of Mr Lister, including the income generated by his business. The court was satisfied that the adjusted taxable income determined by the Registrar accurately reflected Mr Lister's earning capacity and was therefore a sound basis for calculating child support obligations. The decision under review was affirmed.