Freckelton and Child Support Registrar (Child support)

This matter concerned an appeal by Mr Freckelton against a decision of the Child Support Registrar concerning the assessment of child support. The appeal was heard by SM Dordevic in the Federal Circuit Court of Australia.

The primary legal issue before the Court was whether the Child Support Registrar had correctly assessed Mr Freckelton's child support liability, specifically in relation to the treatment of certain payments made by Mr Freckelton. The Court was required to determine if these payments constituted relevant income for the purposes of the child support assessment legislation.

SM Dordevic considered the provisions of the *Child Support (Assessment) Act 1989* (Cth) and relevant case law concerning the definition of income. The Court analysed the nature of the payments in question and concluded that they did not fall within the scope of assessable income as defined by the Act. Consequently, the Registrar's assessment was found to be incorrect.

The Court ordered that the child support assessment be set aside and remitted to the Child Support Registrar to be reassessed in accordance with the Court's findings.