Jagger and Jagger (Child support)

This matter concerned an appeal by the father, Mr. Jagger, against an administrative assessment of child support made by the Child Support Registrar. The dispute centred on the Registrar's decision to accept an estimate of the father's income for the purposes of calculating child support liability, rather than refusing to make an estimate and proceeding with a default assessment. The appeal was heard by the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the Child Support Registrar had erred in accepting the estimate of the father's income. Specifically, the Court had to determine if the Registrar had acted reasonably and in accordance with the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) when making the estimate, and whether the estimate itself was a proper basis for the child support assessment.

The Court considered the principles governing the Registrar's power to estimate a liable parent's income when that parent has failed to provide sufficient information. It was held that the Registrar is empowered to make an estimate where a parent has not complied with their obligations to provide income details. The Court found that the Registrar had sufficient information before them to make a reasonable estimate of the father's income, and that there was no basis to refuse to make such an estimate. The Registrar's decision to accept the estimate was therefore upheld.

The Court set aside the original decision under review and substituted its own decision, affirming the child support assessment based on the estimated income.