Marsh and Lineker (Child support)

This matter concerned an appeal by the liable parent, Marsh, against a departure determination made by the Child Support Registrar. The dispute centred on whether the Registrar had erred in departing from the usual child support assessment to take into account the income, property, and financial resources of the liable parent, and the special needs of the child. The appeal was heard by J Thomson M.

The primary legal issue before the court was whether the Child Support Registrar had correctly applied the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) when making the departure determination. Specifically, the court was required to consider whether the grounds for departure were established and whether the decision to depart was justified in all the circumstances, including the financial circumstances of the liable parent and the particular needs of the child.

J Thomson M found that the Registrar had made a jurisdictional error in the departure determination. The court reasoned that the Registrar had failed to properly consider all the evidence before them, particularly concerning the financial resources of the liable parent and the specific special needs of the child. The court applied the principles of administrative law, emphasizing the need for decision-makers to act within their statutory powers and to undertake a comprehensive assessment of all relevant factors.

The court set aside the original departure determination and substituted its own decision.