Durant and Jepson (Child support)

This matter concerned an appeal by the respondent, Jepson, against an administrative assessment of child support made by the Registrar of the Child Support Agency. The appellant, Durant, sought to uphold the assessment. The dispute centred on the Registrar's decision to accept an estimate of the respondent's income for the purposes of the child support assessment.

The primary legal issue before the court was whether the Registrar had erred in accepting the estimate of the respondent's income, and consequently, whether the administrative assessment based on that estimate should be set aside. The court was required to consider the criteria for accepting an estimated income under the relevant legislation and whether those criteria were met in this instance.

The court found that the Registrar had not erred in accepting the estimate of the respondent's income. It was held that the Registrar was entitled to make an estimate where the respondent had failed to provide sufficient information regarding his income. The court applied the principle that where a party fails to provide necessary information, the Registrar has the power to make a reasonable estimate to facilitate the assessment process. The court therefore set aside the decision under review and substituted its own decision, upholding the Registrar's assessment.