Satterly and Folwell (Child support)

This matter concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicants, Satterly and Folwell, sought to have the assessed child support payable by the liable parent varied on the basis of their income, property, and financial resources, specifically focusing on benefits and income derived from a business. The decision under review was set aside and substituted.

The primary legal issue before the court was whether the liable parent's actual income and financial resources, particularly those derived from their business interests, differed significantly from the income assessed by the Child Support Registrar. This required the court to consider the extent to which the liable parent's income, property, and financial resources were relevant to the child support assessment and whether these factors warranted a departure from the standard assessment.

The court's reasoning focused on the benefits and income derived from the liable parent's business. It was determined that the liable parent had access to and control over financial resources that were not adequately reflected in the child support assessment. The court applied the principles of the *Child Support (Registration and Collection) Act 1988* concerning departure determinations, considering the overall financial position of the liable parent and the need to ensure that the child support assessment reflected their true capacity to pay.

The decision under review was set aside, and a substituted decision was made, reflecting the court's findings regarding the liable parent's income, property, and financial resources.