Pullman and Fitzsimons (Child support)

This matter concerned an appeal by the father, Mr. Pullman, against a departure determination made by the Registrar of Child Support. The dispute centred on whether the child support assessment should be varied to take into account the income, property, and financial resources of both parents, specifically in relation to the costs of orthodontic treatment for the child. The appeal was heard by the Federal Circuit Court of Australia.

The primary legal issue before the Court was whether the Registrar had erred in refusing to make a departure determination under section 117 of the *Child Support (Registration and Collection) Act 1988* (Cth). This required the Court to consider whether the existing assessment was unjust or inequitable having regard to the specific circumstances of the case, including the costs associated with the child's orthodontic treatment and the financial positions of both parents.

The Court reviewed the evidence presented regarding the necessity and cost of the orthodontic treatment, as well as the financial capacity of each parent. It was found that the Registrar had failed to adequately consider the impact of these orthodontic costs on the father's capacity to meet his child support obligations and the overall financial position of the family. The Court applied the principles of the *Child Support (Registration and Collection) Act 1988* concerning departure from a child support assessment, emphasising the need for a just and equitable outcome.

The Court set aside the Registrar's decision and substituted its own determination, varying the child support assessment to reflect the significant orthodontic expenses incurred by the father.