Sulstone and Blakeway (Child support)

This matter concerned an application by the liable parent, Mr Sulstone, for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The application sought to reduce his child support liability on the basis of his income, property, and financial resources. The Registrar had previously made a decision to depart from the assessment, which was now under review by the court.

The primary legal issue before the court was whether the Registrar’s decision to depart from the child support assessment was justified, having regard to the specific circumstances of Mr Sulstone’s income, property, and financial resources. The court was required to consider whether the grounds for departure were established and whether the decision to depart was appropriate in the context of the child support legislation.

In reaching its decision, the court considered the evidence presented regarding Mr Sulstone’s financial position. The court applied the principles of the *Child Support (Registration and Collection) Act 1988* (Cth) concerning departure determinations, focusing on whether the liable parent’s circumstances were such that the assessment did not make proper or adequate allowance for them. The court found that the grounds for departure were established and that the Registrar’s decision was sound.

The court set aside the Registrar's original decision and substituted its own decision, confirming the departure from the child support assessment.