Nowell and Tansey (Child support)

This matter concerned an appeal by the liable parent, Mr Tansey, against a departure determination made by the Child Support Registrar. The determination had been made in favour of the child's mother, Ms Nowell, and had increased the child support payable by Mr Tansey. The core of the dispute revolved around whether the Registrar had correctly considered Mr Tansey's income, property, and financial resources, particularly in light of compensation he had received for a medical incapacity, and whether the special needs of the child, specifically orthodontic expenses, warranted the departure from the standard assessment.

The court was required to determine whether the Child Support Registrar had erred in making the departure determination. Specifically, the court had to consider whether the Registrar had properly assessed the impact of Mr Tansey's compensation for medical incapacity on his capacity to pay child support, and whether the orthodontic expenses constituted a special circumstance of the child that justified a departure from the usual child support assessment provisions.

In reaching its decision, the court reviewed the evidence presented regarding Mr Tansey's financial position, including the nature and extent of the compensation received. It also examined the necessity and cost of the child's orthodontic treatment. The court applied the principles governing departure determinations under the *Child Support (Registration and Collection) Act 1988*, focusing on whether the existing assessment was unjust or inequitable given the specific circumstances of the parties and the child. The court found that the Registrar had failed to adequately consider the impact of the compensation on Mr Tansey's ability to pay and that the orthodontic expenses, while a significant cost, did not, in themselves, meet the threshold for a departure determination in the manner sought.

The court set aside the Registrar's departure determination and substituted its own orders, which did not include the increased child support assessment.