Newman and Moore (Child support)

The matter of *Newman and Moore* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to depart from the assessed child support amount due to the alleged special needs of the child. The respondent opposed the application. The Child Support Registrar was the decision-maker under review.

The primary legal issue before the Registrar was whether the grounds for a departure determination existed, and if so, whether it would be just and equitable to make such a determination. Specifically, the Registrar had to consider whether the child had special needs that were not adequately met by the current assessment and whether the income and financial resources of both parents warranted a departure.

The Registrar's reasoning focused on the interpretation and application of the relevant provisions of the *Child Support (Registration and Collection) Act 1988*. While acknowledging that a ground for departure might exist, the Registrar ultimately concluded that it was not just and equitable to make a departure determination in the circumstances. This conclusion was based on a careful assessment of the evidence presented regarding the child's needs and the financial positions of both parties.

The decision under review was set aside and substituted with a new decision that refused the departure determination.