Scollick and Tompkin (Child support)

This matter concerned an appeal by the father, Mr. Scollick, against a departure determination made by the Registrar of Child Support. The dispute centred on the Registrar's decision to include certain business income of the father when assessing his child support obligations, specifically in relation to the special needs of the child and the costs of the child's education. The appeal was heard by the Federal Circuit Court of Australia.

The primary legal issue before the Court was whether the Registrar had erred in her assessment of the father's income, particularly concerning the attribution of business income. This involved determining whether the income derived from the father's business was properly considered available for child support purposes, given the context of the child's special needs and educational expenses. The Court was required to consider the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) and associated legislation pertaining to departure determinations and the assessment of income.

The Court reviewed the evidence presented regarding the father's business activities and financial resources. It applied the principles governing the assessment of business income for child support purposes, which often involves scrutinising the true nature of income and expenses to ascertain the actual capacity of a parent to pay. The Court found that the Registrar had made an error in her assessment of the father's income, leading to an incorrect departure determination. Consequently, the Court set aside the Registrar's decision and substituted its own determination.