Sarka and Smullen (Child support)

The case of Sarka and Smullen concerned a dispute regarding a child support administrative assessment. The applicant, Sarka, sought to challenge the estimate of income used in the assessment, arguing it should have been refused. Deputy President Walsh presided over the matter.

The primary legal issue before the court was whether the Registrar of Child Support had erred in accepting an estimate of the respondent's (Smullen's) income for the purposes of the child support assessment, rather than refusing to make an estimate and proceeding on the basis of nil income.

Deputy President Walsh reasoned that the Registrar had a discretion to estimate a liable parent's income under section 60 of the *Child Support (Registration and Collection) Act 1988* where the liable parent failed to provide sufficient information. The court found that the Registrar had properly exercised this discretion, having regard to the available information and the purpose of the legislation, which is to ensure that child support obligations are met. The court determined that the estimate was reasonable in the circumstances and that there was no basis to refuse it.

Consequently, the decision under review was set aside and substituted with a decision that upheld the Registrar's estimate of income.