Xander and Haage (Child support)

This matter concerned an appeal to the Full Court of the Family Court of Australia regarding a departure determination made by a Child Support Registrar. The appeal was brought by the liable parent, Xander, against the respondent, Haage, concerning the costs of their children's education.

The primary legal issues before the Full Court were whether the Registrar erred in making a departure determination to increase the liable parent's child support assessment, and whether the Registrar had sufficient regard to the relevant legislative criteria. Specifically, the court considered whether the costs of the children's education were a manner that was, or would have been, expected by both parents, and whether these costs significantly affected the costs of maintaining the children. The court also examined whether the financial resources of both parents were adequately considered, and whether the liable parent had failed to make full and frank disclosure of their financial information.

The Full Court found that the Registrar had erred in her assessment. While acknowledging that the costs of education could be a relevant factor, the court determined that the Registrar had not adequately considered the "manner expected by both parents" in relation to these costs. Furthermore, the court found that the Registrar had not properly assessed the impact of these educational costs on the overall cost of maintaining the children. Crucially, the court noted a lack of full and frank financial disclosure by the liable parent, which undermined the Registrar's ability to make a fully informed decision.

Consequently, the Full Court set aside the Registrar's departure determination and substituted its own decision.