Rouhani and Child Support Registrar (Child support)

This matter concerned an appeal by the applicant, Mr Rouhani, against a decision of the Child Support Registrar concerning the assessment of child support. The dispute centred on whether certain payments made by Mr Rouhani to his former partner, Ms Rouhani, constituted child support or were otherwise deductible from his child support assessment. The appeal was heard by SM Ellis in the Federal Circuit Court of Australia.

The primary legal issue before the Court was whether the payments made by Mr Rouhani to Ms Rouhani, which he contended were for the benefit of their child, were to be treated as child support payments for the purposes of the assessment under the *Child Support (Registration and Collection) Act 1988* (Cth) or the *Child Support Assessment Act 1989* (Cth). This involved determining the nature of the payments and whether they satisfied the statutory requirements for a payment to be considered child support.

SM Ellis found that the payments made by Mr Rouhani were not made pursuant to a child support agreement or court order, nor were they voluntary payments made directly to Ms Rouhani for the child's benefit in a manner recognised by the legislation. The Court applied the principles that child support assessments are governed by specific legislative provisions, and payments outside of these provisions, even if intended for the child's welfare, do not automatically reduce a statutory child support liability. The Court noted that the legislation provides a comprehensive framework for child support collection and assessment, and deviations from this framework are not permitted without express statutory authority.

The appeal was dismissed, and the Child Support Registrar's decision was affirmed.