Scaife and Burks (Child support)

This matter concerned an application for review of a departure determination made by the Registrar of the Child Support Agency. The applicants, Scaife and Burks, sought to set aside the Registrar's decision to depart from the formula assessment of child support payable by the liable parent.

The primary legal issue before the court was whether the Registrar had erred in her decision to depart from the formula assessment. Specifically, the court was required to consider whether the Registrar had correctly applied the provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) in determining that a ground for departure was established and in making the subsequent departure determination.

The court reviewed the evidence before the Registrar concerning the income, property, and financial resources of the liable parent. It was found that the Registrar had correctly identified and applied a ground for departure under the Act, having regard to the specific financial circumstances presented. The court concluded that the Registrar's decision to depart from the formula assessment was a proper exercise of her discretion, based on the evidence and the relevant legislative provisions.