Wang and Wagner (Child support)

This matter concerned an appeal by the father, Mr. Wang, against a decision of the Child Support Registrar regarding the child support assessment for their two children. The mother, Ms. Wagner, sought to have the child support assessment departed from, arguing that the administrative assessment was unjust and inequitable due to the father's income, property, and financial resources. The appeal was heard by M Kennedy M in the [Court Name].

The primary legal issue before the court was whether the administrative assessment of child support resulted in an unjust and inequitable determination for the children, having regard to the income, property, and financial resources of both parents. This required the court to consider the specific provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) that permit departure from an administrative assessment in such circumstances.

M Kennedy M considered the financial circumstances of both parties, including their respective incomes, assets, and earning capacities. The court applied the principles established in child support jurisprudence, focusing on whether the standard of living the children would have enjoyed had the parents remained together would be significantly different under the administrative assessment compared to what would be achieved by departing from it. The court found that the father's financial resources were such that the administrative assessment did indeed result in an unjust and inequitable outcome for the children.

Consequently, the court set aside the decision of the Child Support Registrar and substituted its own determination, ordering a departure from the administrative assessment to ensure a more equitable provision for the children's support.