Mollison and Austen (Child support)

This matter concerned an appeal by the father, Mr Mollison, against a decision of the Child Support Registrar regarding the assessment of child support payable to the mother, Ms Austen. The dispute centred on whether the father's income should be assessed at a higher amount than that declared, specifically concerning income derived from his shareholding in a company.

The primary legal issue before the court was whether the Registrar had erred in departing from the father's reported income and assessing his child support liability based on a higher figure. This involved determining whether the father had intentionally deprived himself of income or whether his income had been otherwise under-assessed, pursuant to the provisions of the *Child Support (Registration and Collection) Act 1988* (Cth).

The court considered the evidence presented, including financial statements and tax returns, to ascertain the true extent of the father's earning capacity. It applied the principles of statutory interpretation to the relevant sections of the *Child Support (Registration and Collection) Act 1988* (Cth), focusing on the Registrar's powers to assess income where it is considered to be understated. The court found that the Registrar had sufficient grounds to depart from the declared income, having regard to the father's financial position and the nature of his income sources.

The appeal was dismissed, and the Child Support Registrar's assessment was upheld.