Metcalfe and Child Support Registrar (Child support)

The case of *Metcalfe and Child Support Registrar* concerned an appeal to the Full Court of the Family Court of Australia regarding a child support assessment. The appellant, Mr Metcalfe, sought to challenge a decision made by the Child Support Registrar, which had determined the amount of child support payable.

The primary legal issue before the Full Court was whether the Registrar had erred in law by failing to consider, or adequately consider, certain information provided by Mr Metcalfe concerning his income and financial circumstances when making the child support assessment. Specifically, the court was asked to determine if the Registrar had properly applied the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) and the *Child Support Assessment Act 1989* (Cth) in assessing Mr Metcalfe's child support liability.

Deputy J Walsh P, delivering the judgment, focused on the principles of administrative law and the specific requirements of the child support legislation. The court reiterated that when making a child support assessment, the Registrar has a duty to consider all relevant information placed before them by the parties. The reasoning emphasised that a failure to genuinely consider such information, even if the ultimate decision appears reasonable on its face, can constitute an error of law. The court examined the evidence to ascertain whether Mr Metcalfe's submissions had been given due regard, or if the assessment had proceeded on a misunderstanding or disregard of material facts presented.

The Full Court found that the Registrar had indeed failed to properly consider the information provided by Mr Metcalfe. Consequently, the court set aside the original child support assessment and remitted the matter back to the Child Support Registrar for redetermination in accordance with the law.