Ivers and Orpen (Child support)

The Administrative Appeals Tribunal (AAT) considered the dispute between Ivers and Orpen concerning an administrative assessment of child support. The core of the disagreement lay in the estimate of income provided by one of the parties, which the other party contended was significantly lower than their likely adjusted taxable income.

The Tribunal was required to determine whether the estimate of income provided was indeed lower than the likely adjusted taxable income of the individual. Furthermore, the Tribunal had to consider whether it should exercise its discretion to refuse the submitted estimate and, if so, what the consequences of that decision would be for the child support assessment.

In reaching its decision, the Tribunal applied the principles governing the estimation of income for child support purposes under the relevant legislation. The Tribunal found that the estimate provided was not demonstrably lower than the likely adjusted taxable income. Consequently, the Tribunal exercised its discretion to accept the estimate. The Tribunal then set aside the original decision under review and substituted its own decision, accepting the income estimate as provided.