Rushmore and Rushmore (Child support)

This matter concerned an appeal by the father against a departure determination made by the Registrar of the Child Support Agency concerning child support payable for the parties' two children. The father sought to have the Registrar's decision set aside and substituted with his own proposed orders.

The primary legal issue before the court was whether the Registrar had erred in making a departure determination under section 117 of the *Child Support (Registration and Collection) Act 1988* (Cth). Specifically, the court had to consider whether the grounds for departure, as established by the income, property, and financial resources of both parents, were sufficient to warrant a departure from the assessment of child support otherwise payable under the Act.

The court found that the Registrar had correctly identified that a ground for departure was established based on the disparity in the incomes of the parties. However, the court determined that the Registrar had failed to adequately consider all relevant factors when making the departure determination, particularly in relation to the father's capacity to pay and the children's needs. Consequently, the court set aside the Registrar's decision and substituted its own orders, which adjusted the child support payable to reflect a more equitable outcome.