Holman & Child Support Registrar & Ors (SSAT Appeal)

This matter concerned an appeal to the Supreme Court of Tasmania by Holman against a decision of the Social Security Appeals Tribunal (SSAT). The SSAT had affirmed a decision of the Child Support Registrar to assess Holman for child support. Holman sought to challenge the SSAT's decision, arguing that the Registrar had erred in law by failing to consider certain payments made by Holman as potentially discharging his child support liability.

The central legal issue before the Court was whether the SSAT had erred in law by failing to consider, or adequately consider, evidence that Holman had made payments to the payee that were intended to discharge his child support obligations. Holman contended that these payments, though not made directly to the Child Support Registrar, should have been recognised by the SSAT as satisfying his liability under the *Child Support (Registration and Collection) Act 1988* (Cth).

Burchardt J found that the SSAT had indeed failed to properly consider the evidence regarding Holman's payments. The Court held that the SSAT was required to determine whether these payments were made by Holman with the intention of discharging his child support liability and, if so, whether they should be credited against his assessed liability. The SSAT's failure to undertake this assessment constituted an error of law. The Court therefore set aside the SSAT's decision and remitted the matter back to the SSAT for redetermination according to law.