Porter and Moultrie (Child support)

The Administrative Appeals Tribunal (AAT) considered an application by Porter and Moultrie concerning a child support administrative assessment. The dispute centred on the respondent's (Moultrie's) estimated income, which the applicant (Porter) argued should have been refused by the Child Support Registrar. The Registrar had accepted the estimate, and Porter sought to have this decision reviewed and set aside.

The primary legal issue before the Tribunal was whether the Child Support Registrar had erred in accepting Moultrie's estimated income for the purposes of the child support assessment. Specifically, the Tribunal had to determine if the Registrar had properly exercised their discretion under the relevant legislation, considering the information available at the time of the assessment.

The Tribunal's reasoning focused on the Registrar's obligations when an individual provides an estimate of their income. It was held that the Registrar is not obliged to refuse an estimate simply because it is an estimate, nor is there a requirement for absolute certainty regarding the income figure. The Tribunal found that the Registrar had considered the available information and had a reasonable basis for accepting the estimate provided by Moultrie. Consequently, the Tribunal concluded that the Registrar's decision to accept the estimate was not unreasonable or an improper exercise of discretion. The Tribunal set aside the original decision and substituted its own decision, upholding the Registrar's acceptance of the estimated income.