Cornell and Hakey (Child support)

This matter concerned an appeal by the father, Cornell, against a decision of the Family Court of Australia regarding child support payable for his two children to the mother, Hakey. The primary dispute revolved around the father's income, specifically whether his reported income accurately reflected his earning capacity, and consequently, the appropriate assessment of child support.

The central legal issue before the court was whether the Registrar's assessment of the father's child support liability, which had been upheld by a single judge of the Family Court, had correctly applied the provisions of the *Child Support (Assessment) Act 1989* (Cth). Specifically, the court had to determine if the Registrar had erred in attributing a higher earning capacity to the father than his declared income, and if so, whether this attribution was justified under the Act.

Justice Thomson M considered the evidence presented regarding the father's employment history, his financial circumstances, and the nature of his work. The court applied the principles of the *Child Support (Assessment) Act 1989* (Cth), particularly those relating to the assessment of income and earning capacity. The judge reasoned that the Registrar was entitled to consider factors beyond the father's declared income when assessing his ability to pay child support, especially where there was evidence suggesting a higher earning capacity. The court found that the Registrar's decision was supported by the evidence and that no error of law had been demonstrated.

Consequently, the appeal was dismissed, and the child support assessment as determined by the Registrar was affirmed.