Ousey and Haines (Child support)

This matter concerned an application for review of a departure determination made by the Child Support Registrar. The applicants, Ousey and Haines, sought to set aside a decision that had departed from the usual child support assessment. The dispute centred on the Registrar's assessment of the income, property, and financial resources of the liable parent.

The primary legal issue before the court was whether the Child Support Registrar had erred in making the departure determination. Specifically, the court was required to consider whether a ground for departure had been established under the relevant legislation and, if so, whether the decision to depart was justified based on the evidence before the Registrar.

The court found that a ground for departure had indeed been established, as the liable parent possessed income, property, and financial resources that were not adequately reflected in the standard assessment. However, the court concluded that the Registrar's decision to depart was not the correct or preferable one in the circumstances. Consequently, the court set aside the Registrar's departure determination and substituted its own decision.