Wareing and Cotterill (Child support)

This matter concerned an appeal to the Child Support Appeals Tribunal concerning a departure determination made by the Registrar of the Child Support Agency. The appeal was brought by the father, Mr Wareing, against the mother, Ms Cotterill, regarding the assessment of child support payable for their two children. The core of the dispute revolved around whether the Registrar’s decision to depart from the standard child support formula, based on the significant costs of child care incurred by the mother, was justified.

The primary legal issue before the Tribunal was whether the Registrar had erred in law or fact when making the departure determination. Specifically, the Tribunal had to consider whether the costs of child care relied upon by the Registrar were indeed "significant" within the meaning of the *Child Support (Registration and Collection) Act 1988* (Cth), and whether these costs were directly attributable to the mother’s employment or earning capacity. The Tribunal also had to assess whether the Registrar had properly considered the income and financial resources of both parents when making the departure determination.

The Tribunal’s reasoning focused on the interpretation of "significant costs" and the evidentiary basis for such a finding. It was held that the Registrar had not adequately considered the overall financial position of both parents, nor had sufficient evidence been presented to establish that the child care costs were so substantial as to warrant a departure from the standard assessment. The Tribunal applied the principles outlined in the *Child Support (Registration and Collection) Act 1988* (Cth) regarding departure determinations, emphasizing the need for clear and compelling evidence of significant costs and the impact of these costs on a parent's capacity to provide support.

The Tribunal set aside the Registrar's departure determination and substituted its own decision, finding that the criteria for a departure were not met. Consequently, the original child support assessment under the standard formula was reinstated.