Eatman and Glavin (Child support)

This matter concerned an appeal by the father, Eatman, against a decision of the Child Support Registrar concerning the administrative assessment of child support. The dispute centred on the Registrar's refusal to accept the father's estimated income for the purposes of the assessment. The case was heard by S De Bono M in the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the Registrar had erred in refusing to accept the father's estimated income, and instead proceeded with an assessment based on an estimated income that was less than his likely actual income. This required the Tribunal to consider the criteria for accepting an estimated income under the relevant child support legislation.

The Tribunal affirmed the Registrar's decision, finding that the father had not provided sufficient evidence to justify his estimated income. The Registrar was entitled to form an opinion that the estimated income was less than the father's likely actual income, particularly in the absence of satisfactory supporting documentation. The Tribunal applied the principles that the onus is on the applicant to provide sufficient evidence to support their claimed income, and that the Registrar has a discretion to estimate income where the provided information is inadequate.

The Tribunal affirmed the decision under review.