Kingaby and Kingaby (Child support)

This matter concerned an appeal by the father, Mr Kingaby, against a decision of the Child Support Registrar. The dispute centred on the Registrar's refusal to accept the father's estimate of his income for the purposes of a child support administrative assessment. The father sought to have his estimated income, which was significantly lower than the amount the Registrar considered likely to be his actual income, used in the assessment. The appeal was heard by the Child Support Registrar.

The primary legal issue before the Registrar was whether the father's estimate of his income was a reasonable and accurate reflection of his likely actual income for the relevant period. This required the Registrar to consider the evidence presented by the father and to determine if it sufficiently demonstrated that his income would be less than the amount the Registrar had provisionally determined.

The Registrar reasoned that the father had failed to provide sufficient evidence to substantiate his lower income estimate. The Registrar applied the principles of administrative decision-making, requiring that estimates of income for child support purposes be based on credible and verifiable information. In the absence of such evidence from the father, the Registrar concluded that the estimate provided was not reliable and that the provisional assessment, based on a higher income, was appropriate.

The Registrar affirmed the decision under review, meaning the father's appeal was dismissed and the administrative assessment based on the higher estimated income remained in place.