Wise and Wise (Child support)

The matter of *Wise and Wise* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to have the assessed child support payable by the respondent varied on the grounds of the income, property, and financial resources of both parents. The Registrar had previously made a decision to depart from the assessment, which was now under review by the court.

The primary legal issue before the court was whether the Registrar's decision to depart from the child support assessment was justified. This required the court to consider whether a ground for departure was established, and if so, whether it was in the best interests of the child to make a departure determination. The court was specifically tasked with reviewing the evidence relating to the financial circumstances of both the applicant and the respondent.

The court found that a ground for departure was established based on the incomes of both parents. Having determined that a ground existed, the court then considered whether it was in the best interests of the child to make a departure determination. The court ultimately set aside the Registrar's decision and substituted its own, indicating that the specific orders made reflected the court's assessment of the child's best interests in light of the established financial circumstances.