Riehle and Cundall (Child support)

This matter concerned an appeal by the liable parent, Mr Riehle, against a departure determination made by the Child Support Registrar. The dispute centred on whether the Registrar had correctly considered the income, property, and financial resources of Mr Riehle when making the determination to depart from the formula assessment of child support payable to Ms Cundall.

The primary legal issue before the court was whether the Child Support Registrar had erred in law in making the departure determination. Specifically, the court was required to consider whether the Registrar had properly applied the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) in assessing Mr Riehle's financial circumstances and whether these circumstances warranted a departure from the standard assessment.

The court found that the Registrar had failed to adequately consider all of Mr Riehle's relevant income, property, and financial resources. The reasoning applied by the Registrar was found to be insufficient, leading to an erroneous conclusion that a departure was justified. The legal principle applied was that a departure determination must be based on a comprehensive and accurate assessment of the liable parent's financial position as stipulated by the Act.

Consequently, the court set aside the decision of the Child Support Registrar and substituted its own decision. The appeal was allowed, and the departure determination was quashed.