Whiteford and Whiteford (Child support)

This matter concerned an appeal by the applicant, Whiteford, against a decision of the Child Support Registrar regarding child support payments. The dispute centred on whether the Registrar erred in refusing to make a departure determination to reduce the assessed rate of child support payable by the respondent, Whiteford. The applicant sought to reduce the child support assessment on the basis of the costs incurred for orthodontic treatment for the child. The appeal was heard by Member Y Webb.

The primary legal issue before the Court was whether the Registrar had correctly applied the provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) when considering the applicant's request for a departure determination. Specifically, the Court had to determine if the costs associated with the child's orthodontic treatment constituted a ground for departure from the usual child support assessment, and if so, whether the Registrar's decision to refuse departure was justified.

Member Webb found that the Registrar had erred in her assessment of the evidence. The Court determined that the costs of orthodontic treatment, being a necessary expense for the child's well-being and development, could constitute a ground for departure under the Act. The Court considered the income, property, and financial resources of the liable parent in its assessment. Ultimately, the Court concluded that a ground for departure was established and that the Registrar's decision to refuse departure was not supported by the evidence. The Court set aside the Registrar's decision and substituted its own.