Ashurst and Robertson (Child support)

The Administrative Appeals Tribunal considered an application concerning the collection of ongoing child support and arrears. The dispute centred on whether private payments made by one party, Ashurst, had been made in advance or in arrears, and whether certain amounts remained unpaid.

The Tribunal was required to determine the correct characterisation of the payments made by Ashurst and, consequently, the outstanding child support liability. This involved assessing the evidence presented regarding the timing and nature of the payments made to Robertson.

The Tribunal found that the decision under review, which had determined the outstanding liability, contained errors. It concluded that the evidence did not sufficiently support the previous determination regarding the timing of payments. Accordingly, the Tribunal set aside the original decision and remitted the matter to the Child Support Registrar for reconsideration.