Palfrey and Purdon (Child support)

This matter concerned an application for review of a departure determination made by the Child Support Registrar. The applicants, Palfrey and Purdon, sought to set aside the Registrar's decision to depart from the formula assessment of child support payable by the liable parent. The core of the dispute revolved around the Registrar's assessment of the liable parent's income, property, and financial resources.

The primary legal issue before the court was whether the Registrar had erred in her determination that a ground for departure existed under section 117 of the *Child Support (Registration and Collection) Act 1988* (Cth). Specifically, the court had to consider whether the liable parent's actual financial circumstances, including their income, property, and financial resources, were such that the formula assessment did not make proper or adequate provision for the child. The court was also required to determine if the Registrar's decision to depart from the formula assessment was justified on the facts.

Justice Thomson M found that the Registrar had correctly identified that a ground for departure existed, based on the liable parent's income, property, and financial resources. The court reasoned that the Registrar's assessment of these factors was sound and that the formula assessment would not have made adequate provision for the child in light of the liable parent's capacity. Consequently, the court upheld the Registrar's decision to depart from the formula assessment. The decision of the Registrar to depart was affirmed.