Saunders and Saunders (Child support)

This matter concerned an appeal by the father, Mr Saunders, against a departure determination made by the Registrar of the Child Support Agency. The dispute centred on the assessment of the father's income, property, and financial resources for the purpose of calculating child support obligations. The appeal was heard by the Federal Magistrates Court of Australia.

The primary legal issue before the Court was whether the Registrar had erred in making the departure determination, specifically whether the ground for departure, as established under section 117(2)(a) of the *Child Support (Registration and Collection) Act 1988* (Cth), had been sufficiently made out. This required the Court to consider the father's income, property, and financial resources and whether these warranted a departure from the standard assessment.

The Court reviewed the evidence presented regarding the father's financial circumstances. It was found that the Registrar had correctly identified that the father possessed significant financial resources beyond his declared income, which were not being adequately considered in the standard assessment. The Court applied the principles of child support legislation, which allow for departure from a standard assessment where it would be inequitable to do so, by reason of the parent's income, property and financial resources. The Court concluded that the Registrar's decision to depart was justified.

The Court set aside the Registrar's departure determination and substituted its own. The substituted decision reflected a revised child support assessment that took into account the father's full financial position.