Tomlin and Tomlin (Child support)

The case of *Tomlin and Tomlin* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to vary the assessed child support payable by the respondent, arguing that the standard assessment did not adequately account for certain financial circumstances. The matter came before the court for review of a decision made by the Registrar.

The primary legal issue before the court was whether the Registrar's decision to refuse the departure determination was correct. This required the court to consider whether the applicant had established any of the grounds for departure as set out in section 117 of the Act, specifically in relation to the income, property, and financial resources of both parents, and the high cost of contact.

The court affirmed the Registrar's decision, finding that the applicant had failed to establish any grounds for departure. The court reasoned that the circumstances presented did not meet the threshold required by the Act to depart from the standard assessment. Specifically, the evidence did not demonstrate that the standard assessment would be unfair or inequitable, nor did it establish that the costs of contact were so high as to warrant a departure. The court applied the principles of section 117 of the *Child Support (Registration and Collection) Act 1988*, which requires a high degree of proof to justify a departure from the statutory formula.

The court therefore affirmed the decision under review, meaning the original child support assessment remained in place.