Skeeter and Child Support Registrar (Child support)

The appeal concerned the interpretation of section 117(2)(a) of the *Child Support (Registration and Collection) Act 1988* (Cth) (the Act) and its application to a child support assessment made by the Child Support Registrar. The appellant, Skeeter, sought to challenge the Registrar's decision to assess child support based on an imputation of income, arguing that the Registrar had erred in law by failing to consider all relevant circumstances and by making an unreasonable imputation. The matter came before Deputy J Walsh P in the Federal Circuit and Family Court of Australia.

The primary legal issue before the court was whether the Registrar had acted within the scope of their power under section 117(2)(a) of the Act when imputing income to Skeeter. Specifically, the court had to determine if the Registrar had properly considered all the circumstances relevant to Skeeter's capacity to earn income, including evidence of his employment history, his stated reasons for unemployment, and any efforts he had made to secure employment. The court also considered whether the imputed income was a reasonable reflection of Skeeter's earning capacity.

Deputy J Walsh P reasoned that section 117(2)(a) requires the Registrar to make a genuine assessment of a parent's ability to earn income, not merely to impose a figure arbitrarily. The court emphasised that while the Registrar has a broad discretion, this discretion must be exercised judicially and based on evidence. In this instance, the court found that the Registrar had failed to adequately consider Skeeter's evidence regarding his health issues and the limited job opportunities in his region, which were presented as reasons for his unemployment. Consequently, the imputed income was deemed to be unreasonable and not supported by the evidence before the Registrar.

The court allowed the appeal, setting aside the Registrar's assessment and remitting the matter back to the Child Support Registrar for redetermination in accordance with the principles outlined in the judgment.