Massengill and Massengill (Child support)

This matter concerned an appeal by the liable parent, Mr Massengill, against a departure determination made by the Registrar of the Child Support Agency. The Registrar had determined it was just and equitable to depart from the child support assessment under section 117(2)(a) of the *Child Support (Registration and Collection) Act 1988* (Cth) on the basis of the liable parent's income, property, and financial resources. Mr Massengill sought to have this determination set aside.

The primary legal issue before the court was whether the Registrar had erred in making the departure determination. Specifically, the court had to consider whether the grounds for departure, as relied upon by the Registrar, were established. The court also had to determine if the Registrar had correctly applied the principles of "just and equitable" in making the departure determination, particularly in light of the liable parent's status as a fly-in fly-out (FIFO) worker.

The court found that the departure ground under section 117(2)(a) was not established. The court reasoned that while the liable parent's income, property, and financial resources were relevant considerations, the Registrar had not adequately demonstrated how these factors made it just and equitable to depart from the assessment. The court noted that the liable parent's FIFO work arrangements, while potentially impacting his immediate financial capacity, did not, in themselves, satisfy the threshold for a departure determination under the relevant legislative provisions. The court concluded that the Registrar's decision was not supported by the evidence or the law.

The court set aside the Registrar's departure determination and substituted its own decision, finding that no grounds for departure had been established.