Clowes and Clowes (Child support)

This matter concerned an appeal by the father, Mr Clowes, against a decision of the Registrar of the Child Support Agency regarding the estimated income of the mother, Ms Clowes, for the purposes of a child support assessment. The father sought to have the mother's estimated income reduced, arguing it was higher than her likely actual income.

The central legal issue before the court was whether the Registrar had erred in refusing to accept the father's proposed estimate of the mother's income. This required the court to consider the criteria for estimating a party's income under the relevant child support legislation and the evidence presented by both parties in relation to the mother's earning capacity.

The court affirmed the Registrar's decision, finding that the evidence did not support the father's contention that the mother's estimated income was significantly higher than her likely actual income. The court applied the principles that an estimate of income should reflect the most accurate available information and that the onus was on the party seeking to vary the assessment to demonstrate that the Registrar's decision was incorrect. The court was satisfied that the Registrar had properly considered the available evidence and had not made an error in her assessment.