Macawley and Stewart (Child support)

This matter concerned an appeal to the Child Support Appeals Tribunal concerning a departure determination made by the Registrar of the Child Support Agency. The appeal was brought by the liable parent, Mr Macawley, against the Registrar's decision not to depart from the assessment of child support payable to the payee parent, Ms Stewart, in respect of their two children.

The Tribunal was required to determine whether the Registrar erred in finding that it was not just and equitable to depart from the assessment. Specifically, the Tribunal had to consider whether the liable parent had established a ground for departure under section 117(2) of the Child Support (Registration and Collection) Act 1988, and if so, whether the Registrar's subsequent decision not to depart on the basis that it was not just and equitable was correct.

The Tribunal found that the Registrar had erred in her assessment of the liable parent's income and financial resources. It was held that the liable parent had a greater earning capacity and access to financial resources than was taken into account by the Registrar. Applying the principles of the Act, the Tribunal concluded that it was both just and equitable to depart from the assessment, and that the liable parent's child support assessment should be reduced to reflect his actual financial capacity.

The Tribunal set aside the Registrar's decision and substituted its own, ordering a departure from the assessed child support amount.