Tang and Tang (Child support)

This matter concerned an appeal by the father, Mr Tang, against a departure determination made by the Registrar of the Child Support Agency concerning child support payable for the parties' two children. The Registrar had determined that the father's actual income was higher than his assessed income, and that this difference warranted a departure from the standard assessment. The mother, Ms Tang, sought to uphold the Registrar's decision.

The primary legal issue before the court was whether the Registrar had erred in making the departure determination. Specifically, the court was required to consider whether the Registrar had correctly assessed the father's income, property, and financial resources, and whether the grounds for departure under the *Child Support (Registration and Collection) Act 1988* (Cth) were established. The court also considered whether the Registrar's decision was otherwise affected by error.

The court found that the Registrar had erred in her assessment of the father's business income. While acknowledging that the father's income was likely higher than his assessed income, the court determined that the Registrar had not adequately considered all relevant factors and had made an unsubstantiated finding regarding the extent of the father's actual income. The court applied the principles of statutory interpretation to the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) and relevant case law concerning the assessment of income for child support purposes.

The court set aside the Registrar's departure determination and substituted its own. It ordered that the child support assessment be varied to reflect a higher income for the father, but not to the extent originally determined by the Registrar.