Shipway and Rolt (Child support)

The matter of *Shipway and Rolt* concerned an application to review a departure determination made by the Child Support Registrar. The applicant, the liable parent, sought to have the determination set aside. The Registrar's determination had increased the assessed child support payable by the liable parent, based on the assessment of their income, property, and financial resources, specifically considering benefits derived from a business.

The primary legal issue before the court was whether the Child Support Registrar had erred in making the departure determination. This involved scrutinising whether the Registrar had correctly considered the income, property, and financial resources of the liable parent, particularly the benefits they derived from their business, when assessing child support obligations. The court was required to determine if the Registrar's decision was justified under the relevant provisions of the *Child Support (Registration and Collection) Act 1988*.

The court reviewed the evidence and the Registrar's decision-making process. It was found that the Registrar had not adequately considered all relevant financial information pertaining to the liable parent's business and the benefits derived therefrom. Consequently, the court concluded that the departure determination was not soundly based. The court set aside the Registrar's decision and substituted its own determination, adjusting the child support assessment.