Wilkins and Mercer (Child support)

This matter concerned an appeal by the father, Mr. Wilkins, against a departure determination made by the Registrar of the Child Support Agency concerning child support payable for the parties' child. The mother, Ms. Mercer, had sought a departure from the standard assessment, citing the child's special needs and the significant costs associated with them, as well as the father's income, property, and financial resources, including benefits derived from his business. The Registrar had acceded to the mother's application, leading to the father's appeal to the court.

The primary legal issue before the court was whether the Registrar had erred in making the departure determination. This required the court to consider whether the specific circumstances of the case warranted a departure from the usual child support assessment formula, particularly in light of the child's special needs and the financial positions of both parents. The court had to assess if the Registrar had correctly applied the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) in reaching her decision.

In its reasoning, the court examined the evidence presented regarding the child's special needs and the associated costs, as well as the income and financial resources of both the father and the mother. The court considered the benefits the father derived from his business and how these should be factored into the child support assessment. Ultimately, the court found that the Registrar's decision was not affected by error and that the departure determination was justified. The court therefore set aside the Registrar's decision and substituted its own determination.