Song and Child Support Registrar (Child support)

This matter concerned an appeal by the father, Mr Song, against a decision of the Child Support Registrar concerning child support payments. The dispute centred on the father's income for the purposes of child support assessment. The appeal was heard by S Letch M in the Magistrates Court.

The primary legal issue before the Court was whether the Child Support Registrar had correctly assessed the father's income, specifically whether certain payments received by the father should be included in his assessable income for child support purposes. This involved determining the nature of those payments and their relevance under the relevant child support legislation.

The Court considered the nature of the payments made to the father. It was found that these payments were not of a nature that would bring them within the definition of "income" for the purposes of the Child Support (Assessment) Act 1989 (Cth). The Court applied the principles of statutory interpretation to the definition of income under the Act, concluding that the payments in question were not earned income or otherwise of a kind that the legislation intended to capture for child support assessment.

Consequently, the Court allowed the father's appeal, setting aside the Child Support Registrar's assessment. The matter was remitted to the Registrar for reassessment based on the Court's findings regarding the father's assessable income.