Davison and Davison (Child support)

In *Davison and Davison*, the applicant sought to have a decision of the Child Support Registrar reviewed by the court. The dispute concerned whether certain payments made by the respondent, specifically half of the school fees and half of the mortgage payments for the children's residence, should be credited against his child support liability. The matter came before the court as an appeal from a decision of the Child Support Registrar.

The primary legal issue before the court was whether the payments made by the respondent for school fees and mortgage constituted "prescribed non-agency payments" within the meaning of the *Child Support (Registration and Collection) Act 1988* (Cth). If they were prescribed non-agency payments, the court then had to determine whether these payments, or a portion thereof, could be credited against the respondent's assessed child support liability.

The court considered the provisions of the *Child Support (Registration and Collection) Act 1988* and relevant case law concerning prescribed non-agency payments. It was held that the payments for school fees and mortgage, when made directly by one parent to a third party for the benefit of the child, could be considered prescribed non-agency payments. The court reasoned that these payments were made for the direct benefit of the children and were of a nature that could be offset against the child support assessment, provided they met the criteria for prescribed non-agency payments. The court found that the Registrar's decision to not credit these payments was in error.

The court set aside the decision of the Child Support Registrar and substituted an order that half of the school fees and half of the mortgage payments made by the respondent be credited against his child support liability.