Manning and Townsend (Child support)

This matter concerned an appeal to the Full Court of the Family Court of Australia regarding a departure determination made under the *Child Support (Registration and Collection) Act 1988* (Cth). The appeal was brought by the father, Mr Manning, against the decision of a single judge of the Family Court, which affirmed a departure determination made by the Child Support Registrar. The dispute centred on the inclusion of the father's superannuation as a financial resource for the purposes of calculating child support.

The primary legal issue before the Full Court was whether the single judge erred in law by affirming the Child Support Registrar's decision to treat the father's superannuation entitlements as a financial resource available for the purposes of a departure determination. This required the Court to consider the proper interpretation and application of the relevant provisions of the *Child Support (Registration and Collection) Act 1988* concerning the assessment of a parent's financial resources in departure applications.

The Full Court reasoned that superannuation, even if not immediately accessible, constitutes a financial resource that can be taken into account when determining child support obligations under a departure determination. The Court affirmed the principle that the legislative intent behind such provisions is to ensure that a parent's overall financial capacity, including assets that may be preserved for future use, is considered to meet their child support responsibilities. The Court found no error in the single judge's conclusion that the Registrar had correctly applied the law in treating the father's superannuation as a financial resource.

The appeal was dismissed, and the departure determination made by the Child Support Registrar, as affirmed by the single judge, was upheld.