Tatnell and Tatnell (Child support)

This matter concerned an appeal by the father, Mr Tatnell, against a child support administrative assessment made by the Child Support Registrar. The dispute centred on the Registrar's decision to accept an estimate of the father's income for the purposes of the assessment, rather than refusing to make an estimate as the father contended should have occurred. The appeal was heard by R Ellis SM in the Magistrates Court of Tasmania.

The primary legal issue before the Court was whether the Child Support Registrar had erred in exercising their discretion to accept an estimate of the father's income. Specifically, the Court was required to determine if the Registrar's decision not to refuse to make an estimate of the father's income was legally sound, and if not, what the appropriate course of action should be.

The Court's reasoning focused on the provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) and the *Child Support (Assessment) Act 1989* (Cth) governing administrative assessments and the Registrar's powers. The Court found that the Registrar had a discretion to refuse to make an estimate of a liable parent's income if satisfied that the parent had taken "all reasonable steps" to obtain the necessary information. However, the Court determined that the evidence before the Registrar did not support a finding that the father had taken all reasonable steps. Consequently, the Registrar was entitled to proceed with making an estimate. The Court concluded that the Registrar's decision to accept the estimate was not vitiated by error.

The Court set aside the decision under review and substituted its own decision, finding that the estimate of income accepted by the Registrar was appropriate.