Blackburn and Marlow (Child support)

The case of *Blackburn and Marlow* concerned a dispute over child support payments. The applicant, Blackburn, sought to have certain payments made to a third party credited against their child support assessment. The respondent, Marlow, opposed this, arguing the payments were not made with the intention of satisfying child support obligations. The matter came before Judicial Registrar Longo.

The primary legal issue before the court was whether payments made by the applicant to a third party, which were not made directly to the respondent or through the Child Support Registrar, could be recognised and credited against the applicant's child support liability. This involved an examination of the provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) concerning non-agency payments and the circumstances in which a court might exercise its discretion to credit such payments.

Judicial Registrar Longo considered the intention of the parties at the time the payments were made. The court found that there was no mutual intention between Blackburn and Marlow that the payments to the third party were to be in lieu of child support. Applying the relevant provisions of the Act, the court determined that the payments did not constitute "prescribed payments" that could be automatically credited. Furthermore, the court exercised its discretion not to credit the payments in these particular circumstances, finding that doing so would not be just or equitable.

The decision under review was set aside, and an order was substituted.