Stilton and Starkton (Child support)

This matter concerned an appeal by the liable parent, Mr Starkton, against a decision of the Child Support Registrar not to depart from the assessed child support amount. The dispute centred on whether the Registrar erred in finding that there were no grounds for departure under section 117 of the *Child Support (Registration and Collection) Act 1988* (Cth) in relation to the income, property, and financial resources of Mr Starkton. The appeal was heard by the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the Registrar's decision to refuse a departure determination was justified, specifically concerning the assessment of Mr Starkton's financial position. The Court was required to consider whether Mr Starkton's actual financial circumstances, including his income, property, and financial resources, were such that the assessed child support amount was unjust or inequitable.

The Court reviewed the evidence presented regarding Mr Starkton's financial resources. It found that the Registrar had failed to properly consider certain aspects of Mr Starkton's financial position, which, if taken into account, could have supported a departure from the assessed amount. The Court applied the principles of section 117 of the *Child Support (Registration and Collection) Act 1988* (Cth), which allows for departure from an assessment where it would be unjust or inequitable having regard to the specific circumstances of the case, including the income, property, and financial resources of the liable parent.

The Court set aside the Registrar's decision and substituted its own decision, finding that there were grounds for departure. Consequently, the Court ordered that the child support assessment be varied to reflect a departure from the original assessment.