Selby and Selby (Child support)

This matter concerned an application for review of a departure determination made by the Child Support Registrar. The applicant, Selby, sought to set aside the Registrar's decision to depart from the formula assessment of child support payable by Selby to Selby. The dispute centred on the income, property, and financial resources of both parents.

The primary legal issue before the court was whether the Registrar had erred in making the departure determination. Specifically, the court was required to consider whether a ground for departure under the *Child Support (Registration and Collection) Act 1988* (Cth) had been established, and if so, whether the Registrar's decision to depart from the formula assessment was justified.

The court found that a ground for departure had indeed been established. In reaching this conclusion, the court applied the principles governing departure determinations, which require a consideration of whether the formula assessment would be likely to result in a significant injustice to a party or a child. The court reviewed the evidence relating to the financial circumstances of both parties and determined that the Registrar’s decision to depart was not unreasonable or based on an error of law. The court then substituted its own decision for that of the Registrar.

The court set aside the Registrar's departure determination and substituted its own decision, which also involved a departure from the formula assessment.