Windley and Primrose (Child support)

This matter concerned an appeal by the father, Mr. Windley, against a departure determination made by the Registrar of the Child Support Agency. The dispute centred on the assessment of child support payable by the father to the mother, Ms. Primrose, for their two children. The Registrar's determination had increased the father's child support liability, and the father sought to have this decision reviewed and set aside by the court.

The primary legal issue before the court was whether the Registrar had erred in her assessment of the parties' respective incomes, property, and financial resources, and whether the special needs of the children, specifically their childcare costs, had been adequately considered. The court was required to determine if the departure determination was justified under the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth).

The court's reasoning focused on the evidence presented regarding the father's earning capacity and the mother's financial circumstances. It was found that the Registrar had not given sufficient weight to the father's actual income and had failed to properly account for the significant childcare expenses incurred by the mother, which were deemed a necessary cost associated with the children's upbringing. The court applied the principles of the *Child Support (Registration and Collection) Act 1988* concerning the assessment of income and the consideration of special circumstances, including the costs of care.

The court set aside the Registrar's departure determination and substituted its own. The father's child support liability was recalculated to reflect a lower amount than that determined by the Registrar, taking into account the court's revised assessment of the parties' financial positions and the children's childcare costs.