Roper and Finnis (Child support)

This matter concerned an appeal by the liable parent, Mr Finnis, against a departure determination made by the Registrar of Child Support. The Registrar had determined that a departure from the child support formula was justified on the grounds that the liable parent possessed earning capacity that was not being used. The liable parent sought to have this determination set aside.

The primary legal issue before the court was whether the Registrar had erred in finding that the liable parent had an earning capacity that was not being used, and consequently, whether the departure determination was justified under the *Child Support (Registration and Collection) Act 1988* (Cth). The court was required to consider the evidence relating to the liable parent's employment history, qualifications, and efforts to secure employment.

The court reviewed the evidence presented, including the liable parent's stated reasons for not working full-time and the efforts made by the other party to secure employment for him. The court found that the liable parent had not demonstrated that he had taken all reasonable steps to obtain and retain employment, and that his earning capacity was not being utilised. The court applied the principles established in cases concerning the assessment of earning capacity, which require a consideration of an individual's skills, qualifications, and the availability of work.

The court concluded that the Registrar's decision to depart from the formula was justified. Accordingly, the appeal was dismissed, and the departure determination was affirmed.