Wolfe and Stepney (Child support)

The matter of *Wolfe and Stepney* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to have the child support assessment varied on the basis of the respondent's income, property, and financial resources, specifically focusing on benefits derived from a family trust and his business. The Senior Member of the court was required to review the initial decision made by the Registrar.

The central legal issue before the court was whether the respondent's actual financial circumstances, particularly the income and benefits he derived from his business and a family trust, warranted a departure from the child support assessment as initially calculated. This involved determining whether the Registrar had erred in their assessment of the respondent's financial resources and whether the benefits received were properly characterised as income for the purposes of child support.

The Senior Member found that the Registrar had failed to adequately consider the full extent of the financial benefits the respondent derived from his business and the family trust. The court reasoned that these benefits constituted income for the purposes of the *Child Support (Registration and Collection) Act 1988* and that the initial assessment had not reflected the respondent's true capacity to pay. Consequently, the decision under review was set aside and substituted with a new determination that took into account these additional financial resources.