Rutter and Briggs (Child support)

The matter of *Rutter and Briggs* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant, Ms. Rutter, sought to vary the administrative assessment of child support payable by Mr. Briggs. The application was heard by a Child Support Registrar, and the decision under review was the Registrar's refusal to make a departure determination.

The central legal issue before the Registrar was whether the grounds for a departure determination, as outlined in section 117 of the Act, were met. Specifically, the Registrar had to consider if the existing administrative assessment was unjust or inequitable having regard to the specific circumstances of the case, including the income of the liable parent, Mr. Briggs. The Registrar was also required to determine if the grounds for departure were established based on the evidence presented.

The Registrar's reasoning focused on the fact that the administrative assessment was based on a previous departure determination. The Registrar found that the circumstances presented by Ms. Rutter did not establish a new ground for departure, nor did they demonstrate that the existing assessment, which incorporated the previous departure, had become unjust or inequitable. The Registrar applied the principles that a departure determination should only be made in exceptional circumstances and that the onus is on the applicant to prove that the existing assessment is unjust or inequitable.

The Registrar affirmed the decision to refuse to make a departure determination.