Walden and Masland (Child support)

This matter concerned an appeal by the liable parent, Mr Walden, against a departure determination made by the Child Support Registrar. The Registrar had determined that a departure from the standard child support assessment was justified on the grounds that the liable parent possessed income, property, and financial resources that were not adequately reflected in the assessment. The appeal was heard by the Federal Circuit and Family Court of Australia.

The primary legal issue before the court was whether the Child Support Registrar had erred in making the departure determination. Specifically, the court was required to consider whether the Registrar had correctly applied the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) in assessing the liable parent's income, property, and financial resources and in concluding that a departure was justified.

Her Honour, Magistrate Webb, reviewed the evidence before the Registrar and the Registrar's reasons for decision. The court found that the Registrar had failed to adequately consider certain financial resources available to the liable parent, which had a material impact on the overall assessment of his capacity to pay child support. The court applied the principles established in the *Child Support (Registration and Collection) Act 1988* (Cth) regarding the assessment of a liable parent's financial position for the purpose of departure determinations.

The court set aside the Registrar's departure determination and substituted its own decision. The court ordered that a departure from the standard assessment was justified, and it made a revised assessment of child support payable by the liable parent.