Randall and Randall (Child support)

This matter concerned an application by the father, Mr Randall, for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) concerning child support payable to the mother, Ms Randall. The decision under review was made by the Registrar of the Child Support Agency.

The primary legal issue before the court was whether the Registrar erred in failing to consider the full income and financial resources of the father, particularly his business income, when assessing child support obligations. The court was required to determine if the Registrar’s decision to depart from the formula assessment was justified, and if not, to substitute an appropriate decision.

Member W Kennedy found that the Registrar had not adequately considered the father's business income and financial resources. The court applied the principles of section 117 of the *Child Support (Registration and Collection) Act 1988*, which allows for departure from the formula assessment where it would be inequitable to do so. The court reasoned that the father's capacity to earn and his actual income from his business were relevant factors that had not been properly taken into account.

The court set aside the Registrar's decision and substituted its own, ordering a departure from the formula assessment to reflect the father's true financial position.