Weidlich and Weidlich (Child support)

The matter of *Weidlich and Weidlich* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to have the child support assessment varied on the basis of the liable parent's income, property, and financial resources, specifically focusing on benefits derived from a business. The decision reviewed was made by the Registrar.

The primary legal issue before the court was whether the Registrar erred in their decision regarding the assessment of the liable parent's financial resources, particularly the benefits derived from their business. The court was required to determine if the Registrar had properly considered all relevant financial information and applied the correct legal principles in making the departure determination.

The court found that the Registrar's decision was not supported by adequate findings of fact and reasoning. It was determined that the Registrar had failed to properly consider the full extent of the benefits the liable parent derived from their business. Consequently, the court set aside the Registrar's decision and substituted its own determination. The court ordered that the child support assessment be varied to reflect the liable parent's actual financial capacity, taking into account the business benefits.