Shamoon and Song (Child support)

This matter concerned an appeal by the liable parent, Mr Shamoon, against a departure determination made by the Child Support Registrar. The dispute centred on whether the Registrar had erred in departing from the assessment of child support payable by Mr Shamoon to Ms Song, the custodial parent, based on Mr Shamoon's earning capacity.

The primary legal issue before the court was whether the Registrar had correctly applied the provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) in making the departure determination. Specifically, the court had to consider whether the Registrar had properly assessed Mr Shamoon's earning capacity and whether this, along with the income, property, and financial resources of both parties, constituted a ground for departure under the Act.

The court found that the Registrar had erred in failing to adequately consider Mr Shamoon's earning capacity and the evidence presented in relation to it. The court reasoned that a departure determination requires a thorough assessment of all relevant factors, including the earning capacity of the liable parent, and that the Registrar's decision had not sufficiently engaged with this evidence. Consequently, the court set aside the Registrar's departure determination and substituted its own decision. The court ordered that the child support assessment be varied to reflect a higher amount payable by Mr Shamoon, based on its own assessment of his earning capacity.