Thorley and Corliss (Child support)

This matter concerned an appeal by the father, Thorley, against a departure determination made by the Child Support Registrar concerning child support payments. The mother, Corliss, had sought a departure from the usual assessment, which was granted by the Registrar. The dispute centred on the income, property, and financial resources of both parents, particularly the benefits derived by the father from his business, and the costs associated with the children's private education.

The court was required to determine whether the Registrar had erred in making the departure determination. Specifically, the court had to consider whether the father's income and financial resources, including benefits derived from his business, had been adequately assessed, and whether the costs of the children's private education were a relevant factor to be considered in a departure application. The court also had to assess whether the departure determination was just and equitable having regard to the specific circumstances of the case.

The court found that the Registrar had failed to adequately consider the father's income and financial resources, particularly the benefits he derived from his business. It was held that the costs of the children's private education were a relevant consideration in determining the child support payable. The court concluded that the departure determination made by the Registrar was not just and equitable and therefore set aside the original decision. The court substituted its own determination, which adjusted the child support assessment to reflect a more accurate assessment of the father's capacity to pay and the children's needs.