Mallinson and Mallinson (Child support)

In the matter of *Mallinson and Mallinson (Child support)*, the Federal Circuit Court of Appeal considered an appeal by the father against a decision of a Registrar concerning child support. The dispute centred on the father's objection to the assessment of child support payable by him to the mother.

The primary legal issue before the Court was whether the Registrar had erred in finding that the father was not entitled to a departure from the child support assessment under section 117 of the *Child Support (Assessment) Act 1989* (Cth). Specifically, the Court had to determine if the father's asserted grounds for departure, relating to his financial circumstances and the child's needs, met the criteria for a departure order.

The Court analysed the evidence presented by the father regarding his income and expenses, and the mother's evidence concerning the child's needs. It applied the principles established in case law concerning departure from child support assessments, which require a party to demonstrate that the assessment is not fair and just having regard to the specific circumstances of the case and the objects of the Act. The Court found that the Registrar had correctly applied these principles and that the evidence did not support a finding that the assessment was unfair or unjust.

The appeal was dismissed, and the original child support assessment was affirmed.