Joynson and Lamble (Child support)

This matter concerned an appeal by the applicant, Ms Joynson, against a decision of the Child Support Registrar concerning the particulars of an administrative assessment of child support payable by the respondent, Mr Lamble. The dispute centred on the Registrar's decision to include certain payments made by Mr Lamble to Ms Joynson as child support, despite Ms Joynson's contention that these payments were not intended to be child support.

The primary legal issue before the court was whether the payments made by Mr Lamble to Ms Joynson were properly characterised as child support under the *Child Support (Registration and Collection) Act 1988* (Cth). Specifically, the court had to determine if the payments met the criteria for being considered child support for the purposes of an administrative assessment, or if they were intended for other purposes.

The court found that the payments in question were not made in discharge of a liability to pay child support under the Act. It reasoned that the evidence did not establish that the parties intended these payments to be child support. Instead, the payments were found to be voluntary contributions made by Mr Lamble for the benefit of the children, separate from any statutory child support obligations. The court applied the principle that for payments to be considered child support under the Act, there must be an intention by the payer to discharge a child support liability.

The court set aside the decision of the Child Support Registrar and substituted an order that the payments were not to be taken into account as child support.