Monk and Archibald (Child support)

The matter of *Monk and Archibald* concerned a dispute over child support payments, specifically whether a payment made by the father, Mr. Monk, for school fees constituted a "prescribed payment" under the *Child Support (Registration and Collection) Act 1988* (Cth). The case came before the court for review of a decision made by the Registrar.

The central legal issue before the court was whether the payment made by Mr. Monk for his child's school fees was a payment that could be credited against his child support liability. This required the court to consider the definition of a "prescribed payment" within the relevant legislation and whether the payment in question met those criteria.

The court affirmed the Registrar's decision that the payment for school fees was not a prescribed payment that could be offset against child support obligations. The reasoning focused on the specific wording of the *Child Support (Registration and Collection) Act 1988* and its subordinate legislation, which outlines the types of payments that are recognised as satisfying child support liabilities. The court found that payments for school fees, while a significant expense for a child, did not fall within the defined categories of prescribed payments that could be used to discharge a child support debt.

The decision under review was affirmed, meaning the Registrar's refusal to credit the school fee payment against Mr. Monk's child support liability was upheld.