Pandey and Pandey (Child support)

This matter concerned an appeal by the father, Mr. Pandey, against a decision of the Child Support Registrar. The dispute centred on whether mortgage payments made by Mr. Pandey towards a property owned by the mother, Ms. Pandey, should be credited as prescribed payments under the *Child Support (Registration and Collection) Act 1988* (Cth). The Registrar had refused to credit these payments.

The primary legal issue before the court was whether the Registrar had erred in refusing to treat the mortgage payments as prescribed payments. This required the court to consider the conditions under which such payments could be credited and whether any "special circumstances" existed that would justify the Registrar's refusal, despite the satisfaction of those conditions.

The court found that Mr. Pandey had satisfied all the necessary conditions for the mortgage payments to be credited as prescribed payments. However, the court determined that special circumstances did exist which warranted the refusal of the credit. The court's reasoning focused on the specific facts of the case and the application of the relevant provisions of the *Child Support (Registration and Collection) Act 1988*. The court concluded that the Registrar's decision was not justified on the evidence before them.

Consequently, the court set aside the decision of the Child Support Registrar and substituted an order that the mortgage payments be credited as prescribed payments.