McSorley and Ledger (Child support)

This matter concerned an appeal to the Federal Circuit and Family Court of Australia regarding a decision of the Child Support Registrar. The appeal was brought by the father, McSorley, against the Registrar's decision to refuse to credit him with certain payments made towards the children's school fees. The dispute centred on whether these payments, made directly to the school, constituted "prescribed payments" for the purposes of the *Child Support (Registration and Collection) Act 1988* (Cth) and whether the Registrar had erred in refusing to recognise them.

The primary legal issue before the court was whether the payments made by the father for school fees met the criteria for a "prescribed payment" under the relevant legislation, thereby entitling him to a credit against his child support liability. Specifically, the court had to determine if all the conditions for such a credit were satisfied, and if not, whether there were any "special circumstances" that would justify the Registrar's refusal to grant the credit.

The court found that the payments made by the father for the children's school fees did indeed satisfy the conditions for a prescribed payment. The Registrar's decision to refuse the credit was based on a misinterpretation of the legislation and the facts. The court determined that no special circumstances existed that would warrant refusing the credit. Consequently, the decision under review was set aside and substituted with an order that the payments be credited to the father's child support liability.