Upchurch and McKeand (Child support)

This matter concerned an appeal by Upchurch against a decision of the Child Support Registrar regarding an administrative assessment of child support. The dispute centred on the Registrar's decision to accept an estimate of the payee's income for the purposes of calculating child support, rather than refusing to make an estimate and proceeding with a default assessment. The appeal was heard by the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the Registrar had erred in accepting the payee's estimate of income. Specifically, the Court had to determine if the payee had provided sufficient particulars to justify the Registrar's acceptance of the estimate, or if the estimate should have been refused on the grounds of insufficient information, leading to a default assessment.

The Court found that the payee had not provided sufficient particulars to support the estimate of income. The Registrar had failed to adequately consider the lack of detail and justification for the estimated figure. Consequently, the Court determined that the Registrar's decision to accept the estimate was erroneous. The Court set aside the original decision and substituted its own, refusing the estimate of income and remitting the matter for redetermination on that basis.