O’Dea and Pan (Child support)

The case of *O’Dea and Pan* concerned an application to review a departure determination made by the Child Support Registrar. The dispute involved the assessment of child support payable by the liable parent, Mr Pan, who had overseas income and financial resources. The matter came before the court for review of the Registrar's decision.

The primary legal issue before the court was whether the Child Support Registrar had erred in making a departure determination under section 117 of the *Child Support (Registration and Collection) Act 1988* (Cth). Specifically, the court had to consider whether the Registrar had correctly assessed Mr Pan's income, property, and financial resources, particularly in light of his overseas income, when making the determination to depart from the usual administrative assessment.

The court reviewed the evidence presented regarding Mr Pan's financial circumstances, including his income derived from overseas sources. It applied the principles governing departure determinations, which require the Registrar to be satisfied that the administrative assessment is likely to be inaccurate or that it would be inequitable to the child, the other parent, or the liable parent to make the assessment. The court considered whether the Registrar had given sufficient weight to all relevant financial information and whether the departure determination was justified on the facts.

The court found that the Registrar's decision was flawed and set aside the original departure determination. It substituted its own determination, which reflected a different assessment of Mr Pan's financial position and, consequently, his child support liability.