Laster and Wrobleski (Child support)

This matter concerned an appeal by Laster (the applicant) against a decision of the Child Support Registrar concerning the crediting of a payment made for orthodontic treatment for the child. The applicant sought to have a payment made for orthodontic treatment credited against their child support liability.

The central legal issue before the Court was whether the payment made by the applicant for the child's orthodontic treatment constituted a "prescribed non-agency payment" within the meaning of section 71C of the Child Support (Registration and Collection) Act 1988 (Cth). Specifically, the Court had to determine if the conditions for such a payment to be credited against a child support liability were met.

The Court found that the payment for orthodontic treatment satisfied the conditions for a prescribed non-agency payment under section 71C. The reasoning focused on the nature of the payment and its direct benefit to the child, aligning with the legislative intent of section 71C to allow for such payments to be credited. Consequently, the Court set aside the decision under review and substituted it with its own determination.