Pegler and Whetten (Child support)

This matter concerned an appeal by the applicant, Pegler, against a decision of the Child Support Registrar regarding the crediting of a non-agency payment. The dispute centred on whether a payment made directly by the respondent, Whetten, to Pegler, rather than through the Child Support Agency, should be recognised and credited against Whetten's child support liability. The appeal was heard by S Cullimore M.

The primary legal issue before the Court was whether the parties had established a mutual intention, through their agreement, that the non-agency payment made by Whetten to Pegler should be credited against Whetten's child support assessment. This required the Court to consider the circumstances surrounding the payment and the nature of any agreement between the parties regarding its application.

The Court reasoned that for a non-agency payment to be credited, there must be a clear mutual intention between the parties that the payment would discharge the child support liability. In this instance, the Court found that the evidence established such a mutual intention. Consequently, the Court determined that the decision of the Child Support Registrar, which had not credited the payment, was erroneous. The Court set aside the Registrar's decision and substituted its own finding that the payment should be credited.