Nickens and Nickens (Child support)

This matter concerned an appeal to the Federal Circuit Court of Australia regarding a departure determination made by the Child Support Registrar. The appeal was brought by the liable parent, Mr Nickens, against the Registrar's decision to depart from the formula assessment of child support payable to the other parent, Ms Nickens.

The primary legal issue before the court was whether the Registrar had erred in making the departure determination. Specifically, the court was required to consider whether the Registrar had correctly applied the provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) in assessing the income, property, and financial resources of the liable parent, and whether these factors constituted grounds for departure from the standard assessment.

The court reviewed the evidence and the Registrar's findings, applying the principles established in the *Child Support (Registration and Collection) Act 1988* concerning departure from formula assessments. The court found that the Registrar had made an error in her assessment of the liable parent's financial resources, which led to an incorrect decision to depart from the formula assessment. Consequently, the court set aside the Registrar's decision and substituted its own determination.