Wilselhan and Wilselhan (Child support)

This matter concerned an appeal by the liable parent, Mr Wilselhan, against a departure determination made by the Registrar of Child Support. The dispute centred on whether the Registrar had erred in departing from the usual child support assessment based on Mr Wilselhan's income, property, and financial resources, and his necessary commitments for self-support. The appeal was heard by the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the Registrar's decision to depart from the child support assessment was justified under the *Child Support (Registration and Collection) Act 1988* (Cth). Specifically, the Court had to determine if Mr Wilselhan's necessary commitments for self-support were so high as to warrant a departure from the standard assessment, and if the Registrar had properly considered all relevant factors in reaching their determination.

The Court found that the Registrar had failed to adequately consider the evidence presented regarding Mr Wilselhan's necessary commitments for self-support, particularly concerning his significant debts and ongoing financial obligations. The Court applied the principles outlined in the *Child Support (Registration and Collection) Act 1988* (Cth), which permit departure from a child support assessment where it would be fair and equitable to do so, taking into account the income, property, and financial resources of the liable parent, as well as their necessary commitments for self-support. The Court concluded that the Registrar's decision was not open to them on the evidence.

Consequently, the Court set aside the Registrar's departure determination and substituted its own decision, finding that a departure from the assessment was warranted.