Rolt and Child Support Registrar (Child support)

This matter concerned an appeal to the Federal Magistrates Court of Australia from a decision of the Child Support Registrar. The appellant, Mr. Rolt, sought to have the assessment of child support payable to his former partner, Ms. Child, set aside. The dispute centred on the Registrar's decision to include certain income earned by Mr. Rolt in the calculation of his assessable income for child support purposes.

The primary legal issue before the Court was whether the Registrar had erred in including income derived by Mr. Rolt from a discretionary trust in his assessable income for the purposes of the child support assessment. Specifically, the Court had to determine if the income was properly considered as Mr. Rolt's income under the relevant provisions of the *Child Support (Registration and Collection) Act 1984* (Cth) and the *Child Support Assessment Act 1989* (Cth).

The Federal Magistrate, Hewson M, found that the Registrar had correctly determined that the income from the discretionary trust was assessable. The Court applied the principles established in cases concerning the attribution of trust income to individuals for child support purposes, focusing on the control and benefit Mr. Rolt had over the trust's distributions. The Court was satisfied that Mr. Rolt had the capacity to influence or determine the distribution of income from the trust to himself, thereby making it his assessable income. The appeal was accordingly dismissed.