Maltby and Maltby (Child support)

The case of *Maltby and Maltby (Child Support)* concerned a review of a departure determination made by the Child Support Registrar. The dispute involved the income, property, and financial resources of the liable parent, with the Registrar having previously determined that a ground for departure from the standard child support assessment had been established. The decision under review was the Registrar's subsequent decision to depart from the assessment.

The primary legal issue before the Court was whether the Registrar's decision to depart from the child support assessment was justified. This required the Court to consider the evidence relating to the liable parent's financial circumstances and determine if those circumstances met the criteria for a departure, as outlined in the relevant legislation. The Court also had to assess whether the Registrar had correctly applied the principles governing departure determinations.

In reaching its decision, the Court examined the specific financial information presented concerning the liable parent. The Court applied the principles established in child support legislation and case law, which permit departure from a child support assessment in certain circumstances, including where the liable parent has a significantly higher earning capacity than their assessed income, or where they have deliberately reduced their income or acquired assets that reduce their child support obligations. The Court found that the Registrar's original decision to depart was not supported by the evidence or the correct application of the law. Consequently, the Court set aside the Registrar's departure determination and substituted its own decision.