Malleson and Medwin (Child support)

This matter concerned an appeal by the liable parent, Malleson, against a departure determination made by the Registrar of Child Support. The dispute centred on whether the Registrar had correctly considered the income, property, and financial resources of Malleson when making the determination to depart from the administrative assessment of child support. The appeal was heard by SM J Longo.

The primary legal issue before the court was whether the Registrar had erred in law or fact in making the departure determination. Specifically, the court was required to consider whether the Registrar had properly assessed Malleson's financial circumstances and whether these circumstances warranted a departure from the standard child support assessment.

SM J Longo affirmed the Registrar's decision, finding that a ground for departure had been established. The court reasoned that the Registrar had adequately considered the relevant financial information provided by Malleson and had applied the correct legal principles in determining that the standard assessment would not be just and equitable in the circumstances. The court was satisfied that the Registrar’s decision was sound and supported by the evidence.