Han and Gehrig (Child support)

This matter concerned an appeal to the Federal Circuit Court of Australia regarding decisions made under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicants, Han and Gehrig, sought to challenge administrative assessments of child support.

The primary legal issue before the Court was whether fixed annual rates of child support should apply in circumstances where a parent's income exceeded the allowable limit for such rates. The applicants contended that the fixed annual rates should not apply, while the respondent sought to uphold the existing assessments.

The Court considered the relevant provisions of the *Child Support (Registration and Collection) Act 1988* and the principles governing the application of fixed annual rates. His Honour found that the legislation provided for the application of fixed annual rates in specific income brackets and that the applicants' income fell within the parameters that mandated such rates. Consequently, the Court determined that the decisions to refuse the application for fixed annual rates to apply were erroneous.

The Court set aside the decisions under review and substituted its own orders, directing that fixed annual rates of child support should apply.