Tebbutt and Benstock (Child support)

This matter concerned an appeal by the applicant, Tebbutt, against a decision of the Child Support Registrar concerning child support payments. The dispute centred on whether a payment made by Tebbutt to Benstock, the payee, for utilities constituted a "prescribed payment" for the payee's share of the amount payable for utilities, as contemplated by the *Child Support (Registration and Collection) Act 1988* (Cth). The appeal was heard by Magistrate Martellotta.

The primary legal issue before the court was to determine whether the payment made by Tebbutt for utilities qualified as a prescribed payment under the relevant legislation. This required an interpretation of the provisions governing non-agency payments and their application to the specific circumstances of the utility payments made between the parties.

Magistrate Martellotta affirmed the decision of the Child Support Registrar. The reasoning focused on the definition of a "prescribed payment" within the context of the *Child Support (Registration and Collection) Act 1988*. The court found that the payment made by Tebbutt for utilities did not meet the criteria for a prescribed payment, meaning it could not be offset against the child support assessment. Consequently, the original decision of the Registrar was upheld.