Tatro and Arterton (Child support)

The case of Tatro and Arterton concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The dispute involved the income, property, and financial resources of both parents, specifically focusing on benefits derived from a business and the cost of school fees. The decision under review was made by the Child Support Registrar.

The primary legal issue before the court was whether the Registrar had erred in their decision regarding the departure determination. This required the court to consider whether the Registrar had correctly assessed the financial circumstances of both parents, including the benefits they derived from a business, and whether these factors warranted a departure from the standard child support assessment. A key element of this assessment was whether a mutual intention existed between the parents to educate the child in a particular manner, and if so, whether this intention should influence the child support payable.

The court's reasoning focused on the principles governing departure determinations, particularly in relation to the financial resources of the parents and the specific costs associated with the child's education. The court examined the evidence presented regarding the business benefits and the school fees, and critically assessed whether these elements supported a departure from the statutory formula. The court found that the Registrar's decision had not adequately considered all relevant factors, including the mutual intention regarding the child's education.

Consequently, the court set aside the decision under review and substituted its own determination.