Searle and Welch (Child support)

The case of Searle and Welch concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to have the child support assessment varied on the basis of the liable parent's income, property, and financial resources, as well as the costs associated with the child's schooling and special needs. The decision under review was made by the Registrar.

The primary legal issue before the court was whether the Registrar's decision to refuse the departure determination was justified, or if the circumstances warranted a departure from the standard assessment. This involved considering whether the liable parent's financial circumstances and the specific costs incurred for the child met the criteria for a departure, as outlined in the relevant legislation.

Member S Irvine found that the Registrar's decision was not justified and set it aside. The court reasoned that the evidence presented demonstrated that the liable parent had significant financial resources and that the costs associated with the child's education and special needs were substantial and not adequately accounted for under the standard assessment. Consequently, the court substituted its own decision, granting the departure determination.