Macqueen and Macqueen (Child support)

The Full Court of the Family Court of Australia considered an appeal by the father, Mr Macqueen, against a departure determination made by the Child Support Registrar. The dispute concerned the assessment of the father's child support liability, with the Registrar having made a determination to depart from the formula assessment based on the father's alleged undeclared business income and earning capacity. The mother, Mrs Macqueen, sought the departure determination.

The primary legal issue before the Full Court was whether the Child Support Registrar had erred in making the departure determination. Specifically, the Court had to consider whether the Registrar had correctly applied the principles and criteria for departure under the *Child Support (Registration and Collection) Act 1988* (Cth), particularly in relation to the father's earning capacity and the existence of undeclared business income.

The Full Court reasoned that the Registrar had failed to adequately consider all relevant evidence and had made findings that were not supported by the material before her. The Court noted that while there was evidence suggesting the father had an earning capacity beyond that declared, the Registrar had not properly assessed this capacity or the extent to which it should be taken into account for the purposes of child support. The Court applied the principles that a departure determination requires a clear and cogent case to be made out, and that the Registrar must be satisfied that the formula assessment would be unfair.

The Full Court allowed the father's appeal, setting aside the departure determination made by the Registrar. The Court substituted its own decision, finding that a ground for departure had been established, but remitted the matter back to the Registrar for redetermination of the child support amount, with specific directions on how to assess the father's earning capacity.