Sinclair and Sinclair (Child support)

The Administrative Appeals Tribunal (AAT) considered a dispute concerning child support assessments for the applicant, Mr Sinclair, and the respondent, Ms Sinclair. The core of the disagreement related to the inclusion of overseas income earned by Mr Sinclair in past periods, with the AAT reviewing decisions made by the Child Support Registrar. The Registrar's decisions had incorporated income derived from Indian taxation documents into the child support assessments.

The Tribunal was required to determine whether the Child Support Registrar had erred in the administrative assessments by including Mr Sinclair's overseas income for past periods. Specifically, the AAT needed to assess the validity and accuracy of the income figures derived from the Indian taxation documents and whether these figures were appropriately applied in calculating Mr Sinclair's child support liability.

Member A Ryding of the AAT found that the Registrar's decisions were affected by error. The Tribunal reasoned that the evidence presented, particularly the Indian taxation documents, was insufficient to definitively establish the precise amount of Mr Sinclair's assessable income for the past periods in question. Consequently, the AAT set aside the decisions under review. One matter was remitted back to the Child Support Registrar for reconsideration, with specific directions to ensure a more accurate and properly evidenced assessment of Mr Sinclair's income.