Sewall and Rodgers (Child support)

This matter concerned an appeal by Sewall (the applicant) against a departure determination made by the Child Support Registrar concerning the child support assessment for their child. Rodgers (the respondent) was the other parent. The dispute centred on whether the Registrar had erred in departing from the standard assessment by taking into account the income, property, and financial resources of a company controlled by the applicant.

The primary legal issue before the court was whether the Child Support Registrar had correctly exercised their discretion under section 117 of the *Child Support (Registration and Collection) Act 1988* (Cth) to depart from the assessment. Specifically, the court had to determine if the Registrar had made a finding that the applicant's actual or prospective entitlement to income, property, or financial resources from the company was not properly reflected in the assessment, and if the departure was otherwise justified under the Act, particularly in light of the child's special needs.

The court found that the Registrar had failed to adequately consider the evidence regarding the company's financial position and the applicant's actual ability to access its resources. The Registrar's decision to depart from the assessment was based on an insufficient appreciation of the distinction between the company's resources and the applicant's personal resources. The court applied the principles that a departure determination requires a clear finding that the assessment does not reflect the parent's true financial position and that the departure is justified by the circumstances, including the child's special needs.

The court set aside the departure determination made by the Child Support Registrar and substituted its own decision, finding that the circumstances did not warrant a departure from the standard assessment.