Aulsbury and Aulsbury (Child support)

This matter concerned an application by the father, Mr Aulsbury, seeking to discharge or vary a child support assessment made by the Child Support Registrar. The mother, Ms Aulsbury, opposed the application. The dispute centred on whether the father's income should be assessed at a higher rate than that declared, due to alleged non-disclosure of income. The application was heard by Magistrate Dordevic in the Federal Circuit Court of Australia.

The primary legal issue before the Court was whether the father had intentionally deprived himself of income or had failed to disclose his true income, thereby justifying an assessment based on a higher notional income. This required the Court to consider the provisions of the *Child Support (Assessment) Act 1989* (Cth) concerning the assessment of income, particularly where there is evidence of deliberate under-reporting or non-disclosure.

Magistrate Dordevic considered the evidence presented by both parties, including financial documents and testimony. The Court applied the principles established in case law regarding the assessment of a parent's income for child support purposes, which permits the Registrar or the Court to attribute a higher income where a parent has intentionally deprived themselves of income or failed to disclose it. The Court found that the evidence did not support a finding that the father had intentionally deprived himself of income or failed to disclose his true income to the extent that a departure from the assessed income was warranted.

Consequently, the Court dismissed the father's application to discharge or vary the child support assessment.