Spiller and Spiller (Child support)

This matter concerned an application by the father, Mr Spiller, to set aside a child support departure determination made by the Child Support Registrar. The determination had been made on the basis of the father's alleged income, property, and financial resources, including rental income, and the mother's alleged hardship. The court was asked to review the Registrar's decision.

The primary legal issue before the court was whether the Registrar had erred in her assessment of the father's income, property, and financial resources, and the mother's hardship, when making the departure determination. Specifically, the court had to consider whether the rental income attributed to the father was correctly calculated and whether the overall financial position of both parties justified the departure from the standard assessment.

The court found that the Registrar had made an error in her assessment of the father's financial position. The rental income had been overstated due to an incorrect calculation of deductible expenses. This error led to an inaccurate assessment of the father's capacity to pay and the mother's level of hardship. The court applied the principles of the *Child Support (Registration and Collection) Act 1988* concerning departure determinations, focusing on the accurate assessment of income, property, and financial resources, and the consideration of hardship.

The court set aside the Registrar's departure determination and substituted its own. The revised assessment reflected a more accurate calculation of the father's income and financial resources, leading to a different outcome regarding the child support payable.