Romeo and Bobby (Child support)

The case of *Romeo and Bobby* concerned an application to review a decision made by the Child Support Registrar regarding child support payments. The applicant, Romeo, sought to set aside the Registrar's decision, which had refused to make a departure determination. The dispute centred on whether the Registrar had erred in law or fact in refusing to recognise that Bobby, the child, had special needs that warranted a departure from the standard child support assessment. The matter was heard by C Breheny M in the [Court Name].

The primary legal issue before the court was whether the Registrar had correctly applied the provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) when assessing Bobby's alleged special needs. Specifically, the court had to determine if the Registrar had adequately considered the evidence presented regarding Bobby's circumstances and whether the refusal to make a departure determination was justified under the Act, particularly in relation to the "special needs of the child" ground.

C Breheny M reasoned that the Registrar's decision had failed to properly consider the evidence of Bobby's special needs. The court found that the Registrar had not given sufficient weight to the medical reports and expert opinions detailing the ongoing care and financial implications associated with Bobby's condition. Applying the principles of administrative law and the specific criteria for departure determinations under the *Child Support (Registration and Collection) Act 1988* (Cth), the court concluded that the Registrar's decision was not open to them on the evidence.

Consequently, the court set aside the Registrar's decision and substituted its own. The court ordered that a departure determination be made, acknowledging Bobby's special needs and directing that the child support assessment be varied accordingly.