Moreno and Hargreave (Child support)

This matter concerned an application by the liable parent, Mr. Moreno, to set aside a departure determination made by the Registrar of the Child Support Agency. The Registrar had determined that the liable parent's child support assessment should be departed from, increasing the amount payable, on the basis of the liable parent's income, property, and financial resources, and the special needs of the child. The application was heard by S Trotter SM in the Magistrates Court.

The primary legal issue before the court was whether the Registrar's departure determination was justified under the *Child Support (Registration and Collection) Act 1988* (Cth). Specifically, the court was required to consider whether the grounds for departure, namely the liable parent's financial capacity and the child's special needs, were sufficiently established to warrant an alteration of the child support assessment.

The court reviewed the evidence presented regarding Mr. Moreno's income, property, and financial resources, as well as the specific special needs of the child, Ms. Hargreave. The court found that the Registrar had erred in her assessment of the evidence relating to the liable parent's financial capacity and the extent to which those resources should be considered in the departure determination. The court also found that while special needs were established, the Registrar's calculation of the departure amount did not adequately reflect the principles of the Act. Consequently, the court set aside the Registrar's departure determination and substituted its own. The court ordered that the liable parent's child support assessment be varied to reflect a reduced amount, taking into account the court's revised assessment of the liable parent's financial capacity and the child's needs.