Ogden and Benbow (Child support)

This matter concerned an appeal by the father, Ogden, against a departure determination made by the Registrar of the Child Support Agency concerning child support payable to the mother, Benbow. The Registrar had determined that the father's child support assessment should be departed from, and a higher assessment substituted, on the basis of his income, property, and financial resources, including benefits derived from his business.

The primary legal issue before the court was whether the Registrar's decision to depart from the assessment was justified under the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth). This involved considering whether the father's actual financial position, particularly the benefits he derived from his business, differed significantly from the assumptions underpinning the original assessment, and whether this difference warranted a departure.

The court reviewed the evidence presented regarding the father's income and financial resources, including the benefits he received from his business. It applied the principles established in child support legislation and case law concerning departure determinations, which require a significant and substantial difference between the assessed situation and the actual situation. The court considered whether the Registrar had properly exercised her discretion in making the departure determination, taking into account all relevant factors.

The court found that the Registrar's decision to depart from the assessment was not justified on the evidence before her. Consequently, the court set aside the Registrar's departure determination and substituted its own decision, which was to refuse the departure application.