Silcock and Silcock (Child support)

The matter of *Silcock and Silcock* concerned an appeal to the Federal Circuit Court of Australia regarding a departure determination made by the Child Support Registrar. The dispute centred on the income, property, and financial resources of the liable parent, with the applicant seeking to have the Registrar's decision reviewed and set aside.

The primary legal issue before the Court was whether the Child Support Registrar had erred in their assessment of the liable parent's financial position when making the departure determination. Specifically, the Court was required to consider whether the Registrar had adequately taken into account all relevant income, property, and financial resources available to the liable parent, and whether the determination was just and equitable in the circumstances.

The Court reviewed the evidence presented and the Registrar's decision-making process. It applied the principles established in the *Child Support (Registration and Collection) Act 1988* concerning departure determinations, which require the Registrar to consider the capacity of the liable parent to pay child support, having regard to their financial circumstances. The Court found that the Registrar had failed to properly consider certain financial resources of the liable parent, leading to an incorrect assessment. Consequently, the Court set aside the original departure determination and substituted its own, reflecting a more accurate assessment of the liable parent's financial capacity.