Marshall and Marshall (Child support)

This matter concerned an appeal by the father, Mr Marshall, against a decision of the Child Support Registrar (the Registrar) to depart from the usual child support formula. The dispute centred on the father's claim that the Registrar had erred in refusing to depart from the formula, which resulted in a child support assessment that he argued was unjust and inequitable. The appeal was heard by the Federal Magistrates Court of Australia.

The primary legal issue before the court was whether the Registrar had correctly exercised their discretion under section 117 of the *Child Support (Registration and Collection) Act 1988* (Cth) in refusing to depart from the child support formula. This required the court to consider whether the father had established that the assessment was unjust or inequitable having regard to the specific circumstances of the case, and whether the Registrar had properly applied the relevant principles in making their decision.

The court reviewed the evidence presented by the father, which included submissions regarding his financial circumstances and the impact of the assessment on his ability to meet his obligations. The court considered the principles governing departures from the child support formula, emphasising that such departures are exceptional and require compelling reasons. After considering the father's arguments and the Registrar's decision-making process, the court found that the Registrar had not erred in law or fact in refusing to depart from the formula. The court determined that the father had not discharged the onus of proving that the assessment was unjust or inequitable.

The appeal was dismissed, and the child support assessment made by the Registrar was affirmed.