Osmond and Adeel (Child support)

The matter of *Osmond and Adeel (Child Support)* [2023] FamCA 783 concerned an appeal to the Full Court of the Family Court of Australia regarding a child support assessment. The appellant, Osmond, sought to appeal a decision made by a single judge of the Family Court, which had affirmed a child support assessment made by the Registrar. The core of the dispute revolved around the assessment of the child support payable by the respondent, Adeel, for their two children.

The primary legal issue before the Full Court was whether the single judge had erred in law by failing to properly consider and apply the provisions of section 117 of the *Child Support (Registration and Collection) Act 1988* (Cth) in relation to the assessment of child support. Specifically, the appeal questioned whether the Registrar, and subsequently the single judge, had given adequate weight to the specific circumstances of the case when determining the assessment, particularly concerning the capacity of the respondent to pay.

Deputy J Walsh P, delivering the judgment of the Full Court, found that the single judge had indeed erred in law. The Court held that the single judge had not sufficiently engaged with the evidence presented regarding the respondent's financial capacity and the specific circumstances that might warrant a departure from a standard assessment. The principles applied centred on the court's obligation to ensure that child support assessments are just and equitable, taking into account all relevant factors as contemplated by the *Child Support (Registration and Collection) Act 1988* (Cth), and that a failure to properly consider such factors constitutes an error of law.

Consequently, the Full Court allowed the appeal, set aside the orders of the single judge, and remitted the matter back to the Family Court for redetermination in accordance with the reasons provided.