Radeke and Valleau (Child support)

This matter concerned an appeal by the father, Mr Radeke, against a decision of the Child Support Registrar to accept an estimated income amount for the purposes of calculating child support payable to the mother, Ms Valleau. The appeal was heard by the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the Child Support Registrar had erred in accepting the estimated income of the father, and consequently, whether the child support assessment based on that estimate should be set aside. The father contended that the Registrar should have refused to make an estimate and should have instead proceeded with a child support assessment based on his last assessed income.

The Court affirmed the Registrar's decision, finding that the Registrar had correctly applied the relevant provisions of the *Child Support (Registration and Collection) Act 1988*. The Court reasoned that the Registrar was empowered to make an estimate of a liable parent's income where that parent had failed to provide sufficient information to enable an accurate assessment. The evidence before the Registrar supported the conclusion that the father had not provided adequate information regarding his income, and therefore, the Registrar was justified in making an estimate based on the available information. The Court found no error in the Registrar's exercise of discretion.

The appeal was dismissed, and the child support assessment based on the estimated income was affirmed.