Naismith and Naismith (Child support)

This matter concerned an appeal to the Federal Circuit Court of Australia regarding a child support assessment. The parties, referred to as Naismith and Naismith, were the parents of the child in question. The core of the dispute revolved around the percentage of care provided by each parent, particularly in circumstances where the parents were living under the same roof. The applicant sought to challenge the existing child support assessment.

The primary legal issue before the Court was whether the Registrar's decision to not make a shared care determination was correct. This required the Court to consider the provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) concerning the calculation of care percentages, especially when parents reside together, and whether the factual circumstances met the criteria for a departure from the standard assessment.

Judge Thomson M affirmed the Registrar's decision, finding that the evidence did not support a finding that the care provided by the parents was substantially equal or that the circumstances warranted a departure from the standard assessment. The Court applied the principles of the *Child Support (Registration and Collection) Act 1988* (Cth), which require a careful assessment of the factual extent of care provided by each parent. The Court was not satisfied that the criteria for a shared care determination were met in this instance, particularly given the parents' cohabitation.