Smallman and Child Support Registrar (Child support)

The Full Court of the Federal Court of Australia heard an appeal concerning a child support assessment. The appellant, Mr Smallman, sought to appeal a decision of a single judge of the Federal Court, which had affirmed a child support assessment made by the Child Support Registrar. The dispute centred on the Registrar's decision to depart from the standard child support formula, which Mr Smallman contended was erroneous.

The primary legal issue before the Full Court was whether the single judge had erred in upholding the Registrar's decision to depart from the standard child support formula. Specifically, the Court was required to consider whether the Registrar had properly applied the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) and the *Child Support (Assessment) Act 1989* (Cth) when making the departure assessment, and whether the factual circumstances justified such a departure.

The Full Court analysed the evidence and the Registrar's reasons for departure. It applied the principles established in cases concerning departures from the child support formula, focusing on whether the Registrar had considered all relevant factors and whether the departure was justified by the specific circumstances of the case. The Court found that the Registrar had not adequately considered certain aspects of Mr Smallman's financial position and the impact of the departure on his capacity to meet his obligations. Consequently, the Full Court concluded that the single judge had erred in affirming the Registrar's decision.

The Full Court allowed the appeal, set aside the orders of the single judge, and remitted the matter to the Child Support Registrar for redetermination in accordance with the Full Court's reasons.