Stiglec and Stiglec (Child support)

This matter concerned an appeal by the liable parent, Mr Stiglec, against a departure determination made by the Registrar of Child Support. The Registrar had determined that Mr Stiglec's child support assessment should be varied upwards, based on the income, property, and financial resources available to him, specifically relating to benefits derived from his business. The appeal was heard by Member Baulch of the Child Support Special Powers Division.

The primary legal issue before the court was whether the Registrar had erred in her decision to depart from the assessed child support amount. This required the court to consider whether Mr Stiglec's income, property, and financial resources, particularly those derived from his business, were such that the assessed amount was not just and reasonable, and whether the Registrar had correctly applied the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) in making her determination.

Member Baulch reasoned that the Registrar had failed to adequately consider all relevant evidence regarding Mr Stiglec's financial position and the benefits he derived from his business. The court found that the Registrar had placed undue emphasis on certain aspects of the evidence while overlooking others, leading to an incorrect assessment of Mr Stiglec's capacity to pay. The legal principle applied was that a departure determination must be based on a comprehensive and balanced consideration of all available evidence pertaining to the liable parent's financial circumstances.

The court set aside the Registrar's departure determination and substituted its own decision. The appeal was allowed, and the original child support assessment was reinstated.