McLennan and Calladine (Child support)

The Administrative Appeals Tribunal (AAT) reviewed a decision made by the Child Support Registrar concerning a departure determination. The dispute involved the income, property, and financial resources of the liable parent, Mr McLennan, and whether these factors warranted a departure from the standard child support assessment. The applicant, Ms Calladine, sought a departure determination to increase the assessed child support payable by Mr McLennan.

The primary legal issue before the Tribunal was whether the Registrar's decision to refuse a departure from the child support assessment was justified, or if the circumstances of the case met the criteria for a departure under the *Child Support (Registration and Collection) Act 1988* (Cth). Specifically, the Tribunal had to consider if the liable parent's income, property, and financial resources were such that the assessment did not make proper or adequate provision for the child.

The Tribunal found that the Registrar had erred in its assessment of Mr McLennan's financial position. It determined that Mr McLennan possessed significant financial resources and income that were not adequately reflected in the standard assessment. Applying the principles of the *Child Support (Registration and Collection) Act 1988*, the Tribunal concluded that a departure was warranted to ensure proper provision for the child. The Tribunal set aside the Registrar's decision and substituted its own, ordering a departure from the assessment.