Nhung and Drury (Child support)

The case of *Nhung and Drury* concerned a child support departure determination. The applicant, Nhung, sought to depart from the child support assessment made under the *Child Support (Registration and Collection) Act 1988* (Cth) on the basis of the respondent, Drury's, alleged higher income and financial resources. The matter came before the court for review of a decision made by the Child Support Registrar.

The primary legal issue before the court was whether the Registrar's decision to refuse the departure application was correct. This required the court to consider whether the respondent's circumstances, specifically his income and financial resources, were such that the assessment did not make proper, adequate or sufficient provision for the child's maintenance. The court had to determine if the respondent's actual or potential income and financial resources were significantly different from those used in the assessment.

In reaching its decision, the court examined the evidence presented regarding the respondent's business income. The court affirmed the Registrar's finding that the respondent's income and financial resources were not significantly different from those taken into account in the child support assessment. The court applied the principles governing departure determinations, focusing on whether the assessment failed to make adequate provision for the child due to the respondent's financial circumstances. The court found no error in the Registrar's assessment of the respondent's income and financial resources.

The court affirmed the decision of the Child Support Registrar.