Shackleton and Burge (Child support)

This matter concerned an appeal by the father, Shackleton, against a departure determination made by the Child Support Registrar concerning child support payments. The mother, Burge, had sought a departure from the usual child support assessment, citing the costs associated with the children's accommodation and health insurance. The decision under review was made by the Child Support Registrar, and the appeal was heard by W Kennedy M.

The primary legal issue before the court was whether the Registrar's departure determination was justified. Specifically, the court had to consider whether the costs of accommodation and health insurance for the children constituted special circumstances that warranted a departure from the standard child support assessment formula, and if so, whether the Registrar had correctly applied the relevant provisions of the *Child Support (Registration and Collection) Act 1988*.

W Kennedy M reviewed the evidence presented regarding the accommodation expenses and the necessity of the health insurance premiums. The court applied the principles governing departure determinations under the *Child Support (Registration and Collection) Act 1988*, which require the applicant to demonstrate that the departure is justified by the special circumstances of the case. The court found that the Registrar had erred in their assessment of the evidence and the application of the law.

Consequently, W Kennedy M set aside the original departure determination made by the Child Support Registrar and substituted a new determination.