Naff and Caetano (Child support)

This matter concerned an appeal by the respondent father, Mr Naff, against a departure determination made by the Registrar of the Child Support Agency. The appeal was heard by Magistrate Bubutievski in the Magistrates’ Court of Victoria. The dispute centred on the assessment of the father's income and financial resources for the purpose of calculating child support payable for the parties' child.

The primary legal issue before the Court was whether the Registrar had erred in departing from the usual method of child support assessment by taking into account certain benefits derived by the father from his business. Specifically, the Court was required to determine if these benefits constituted income or financial resources that should be included in the father's assessable income for child support purposes, and if so, whether the departure determination was justified.

Magistrate Bubutievski reasoned that the benefits derived by the father from his business, such as the use of a motor vehicle and the payment of personal expenses, were properly considered as financial resources. The Court applied the principles of the *Child Support (Registration and Collection) Act 1988* (Cth), which allows for departure from the standard assessment formula where it would be inequitable to disregard a parent's income, property, or financial resources. The Court found that the Registrar had correctly identified these benefits and had a proper basis for departing from the standard assessment to include them in the father's assessable income.

The Court upheld the Registrar's departure determination, finding that it was neither unjust nor unreasonable. Consequently, the father's appeal was dismissed, and the child support assessment was varied to reflect the inclusion of the business benefits in his assessable income.