Logan and Logan (Child support)

This matter concerned an appeal by the father, Logan, against a departure determination made by the Child Support Registrar concerning child support payments. The mother, Logan, had sought a departure from the usual assessment, which was granted by the Registrar. The dispute centred on the income, property, and financial resources of both parents, particularly the benefits derived from the father's business, and the costs associated with the children's private education.

The primary legal issue before the court was whether the Registrar had erred in making the departure determination. This required the court to consider whether the father's actual income and financial resources were significantly different from that assessed under the standard formula, and whether the costs of the children's private education constituted necessary expenses that warranted a departure from the assessment. The court also had to determine if the departure determination was just and equitable.

In its reasoning, the court examined the evidence presented regarding the father's business income and the significant expenses incurred for the children's private schooling. The court applied the principles of the *Child Support (Registration and Collection) Act 1988*, focusing on the provisions that allow for departure from a child support assessment where it would be just and equitable to do so, considering the actual financial circumstances of the parents and the needs of the children. The court found that the Registrar's decision was not supported by the evidence and that the departure determination was not just and equitable.

Consequently, the court set aside the Registrar's departure determination and substituted its own decision, effectively reinstating the original child support assessment.