Padden and Farebrother (Child support)

This matter concerned an appeal by the father, Mr Padden, against a departure determination made by the Registrar of the Child Support Agency, which had varied the child support assessment payable to the mother, Ms Farebrother. The dispute centred on whether the costs of maintaining the subject children were significantly affected by the father's income, property, and financial resources, thereby justifying a departure from the standard assessment.

The primary legal issue before the court was whether the Registrar had erred in finding that a ground for departure under section 117(1) of the *Child Support (Registration and Collection) Act 1988* (Cth) was established. Specifically, the court had to determine if the father's financial circumstances significantly affected the costs of maintaining the children, and if so, whether the Registrar's decision to depart from the assessment was justified.

The court considered the evidence presented regarding the father's income, property, and financial resources. It applied the principles established in child support jurisprudence concerning the interpretation of "significantly affected" and the discretion afforded to the Registrar in making departure determinations. The court found that the Registrar had correctly applied the relevant legal principles and had not erred in her assessment of the evidence. The Registrar's decision to depart from the assessment was therefore upheld.

The appeal was dismissed, and the departure determination made by the Registrar was affirmed.