Putt and Frabi (Child support)

This matter concerned an appeal to the Full Court of the Family Court of Australia regarding a departure determination made under the *Child Support (Registration and Collection) Act 1988* (Cth). The appeal was brought by the liable parent, Mr Putt, against a decision of the Child Support Registrar, which had been affirmed by a single judge of the Family Court. The dispute centred on whether the liable parent's income, property, financial resources, and earning capacity justified a departure from the assessed child support amount.

The primary legal issue before the Full Court was whether the Registrar had erred in making a departure determination, and consequently, whether the single judge had erred in affirming that decision. Specifically, the court was required to consider whether the evidence presented established a ground for departure under the relevant provisions of the Act, and if so, whether the decision to depart was justified based on the financial circumstances of the liable parent.

The Full Court analysed the evidence concerning Mr Putt's financial position, including his income and earning capacity. It applied the principles established in child support legislation and case law concerning departure determinations, which require a demonstrable change in circumstances or a misrepresentation of financial resources that would lead to an unjust outcome if the assessment were to remain unchanged. The court found that the Registrar had correctly identified grounds for departure and that the subsequent decision to depart from the assessed amount was a proper exercise of discretion based on the evidence before them. The appeal was dismissed.