Coney and Coney (Child support)

The Administrative Appeals Tribunal considered the dispute between the parties, referred to as Coney and Coney, concerning an administrative assessment of child support. The primary issue before the Tribunal was whether an election made by one of the parties to estimate their income for child support purposes could be backdated.

The Tribunal was required to determine the legal effect of the election to estimate income and whether it could operate retrospectively to alter a child support assessment that had already been made. Specifically, the Tribunal had to consider the provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) and associated regulations regarding the timing and validity of such elections.

The Tribunal reasoned that the legislative framework for child support assessments, particularly concerning the election to estimate income, does not permit such elections to be backdated. The assessment process is designed to operate prospectively, and an election made at a particular point in time can only affect future assessments or the current assessment from the date the election is validly made. The Tribunal affirmed the decision under review, finding that the election could not be applied retrospectively to alter the existing assessment.