Younes and Younes (Child support)

The matter of *Younes and Younes* 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 income, property, and financial resources of the respondent parent, as well as the special needs of the child. The decision under review was made by the Registrar.

The primary legal issue before the court was whether the Registrar's decision to refuse the departure determination was erroneous. This required the court to consider whether the evidence presented justified a departure from the standard child support assessment, specifically in relation to the respondent's financial circumstances and the child's particular needs.

The court reviewed the evidence and the Registrar's findings. It was determined that the Registrar had failed to adequately consider certain aspects of the respondent's financial resources and the extent of the child's special needs. Applying the principles of the *Child Support (Registration and Collection) Act 1988*, the court found that the circumstances warranted a departure from the assessment. Consequently, the court set aside the Registrar's decision and substituted its own determination.