Wearne and Watts (Child support)

This matter concerned an application by the father, Mr Wearne, to review a child support departure determination made by the Registrar. The dispute centred on the assessment of the income, property, and financial resources of both parents, and whether the costs associated with the children's private education should be included in the calculation of child support. The review was heard by Senior Member Ellis of the relevant tribunal.

The primary legal issue before the Senior Member was to determine whether the Registrar's departure determination was justified, specifically in relation to the assessment of the parties' financial circumstances and the inclusion of private school fees as a relevant cost of the children. The Senior Member was required to consider whether the existing child support assessment did not make proper or adequate assessment of the parties' respective capacities to provide financial support for the children, having regard to their income, property, and financial resources.

In reaching a decision, the Senior Member applied the principles of the *Child Support (Registration and Collection) Act 1988* (Cth) concerning departure determinations. The Senior Member considered evidence relating to the income and financial resources of both Mr Wearne and Ms Watts, and critically, the actual and potential costs incurred for the children's private education. The Senior Member found that the Registrar's determination had not adequately accounted for these factors, particularly the significant costs of private schooling which were a substantial expense for the children.

Consequently, the Senior Member set aside the Registrar's departure determination and substituted a new determination that more accurately reflected the parties' financial positions and the costs associated with the children's education.