Mykkanen and Gault (Child support)

This matter concerned an appeal by the liable parent, Mr Mykkanen, against a departure determination made by the Registrar of the Child Support Agency. The dispute centred on whether the Registrar had erred in departing from the usual child support assessment formula on the basis of Mr Mykkanen's income, property, and financial resources. The appeal was heard by the Federal Magistrates Court of Australia.

The primary legal issue before the Court was whether the Registrar had correctly applied the provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) when making the departure determination. Specifically, the Court had to consider whether the Registrar had sufficient grounds to depart from the assessment and whether the departure itself was justified in the circumstances of the case, particularly in relation to the financial position of the liable parent.

The Court reviewed the evidence presented regarding Mr Mykkanen's financial circumstances, including his income and assets. It was found that the Registrar had indeed established a ground for departure under the Act, as Mr Mykkanen possessed significant income, property, and financial resources that were not adequately reflected in the standard assessment formula. The Court concluded that the Registrar's decision to depart was a proper exercise of discretion, based on the evidence before her. Consequently, the Court dismissed Mr Mykkanen's appeal, upholding the Registrar's departure determination.