Thaxter and Cawley (Child support)

This matter concerned an appeal by Thaxter against a departure determination made by the Child Support Registrar. The dispute centred on whether it was just and equitable to depart from the child support assessment under section 117 of the Child Support (Registration and Collection) Act 1988. The appeal was heard by Member S Letch in the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was to determine whether the Registrar’s decision to depart from the assessment was correct. Specifically, the Tribunal had to consider whether the liable parent's income, as assessed by the Registrar, was a relevant factor that made it just and equitable to depart from the standard assessment, and if so, whether the departure was warranted.

The Tribunal’s reasoning focused on the application of section 117 of the Act. It considered the evidence presented regarding the liable parent's income and assessed whether this income level was such that the standard assessment did not reflect the true level of support the liable parent could provide. The Tribunal applied the principles of justice and equity in considering the circumstances of both parents and the child, ultimately finding that the Registrar’s decision was not justified on the evidence before them.

The Tribunal set aside the departure determination made by the Child Support Registrar and substituted its own decision, finding that it was not just and equitable to depart from the child support assessment in this instance.