Wassell and Mecaenus (Child support)

This matter concerned an appeal to the Administrative Appeals Tribunal (AAT) by the applicant, Mr Wassell, against a decision of the Registrar of the Child Support Agency. The dispute centred on the Registrar's decision to accept an estimate of the respondent's, Ms Mecaenus', income for the purposes of a child support assessment, despite the respondent's year-to-date income being higher than her declared income.

The primary legal issue before the Tribunal was whether the Registrar had erred in exercising their discretion under the *Child Support (Registration and Collection) Act 1988* (Cth) to accept the respondent's estimated income. Specifically, the Tribunal had to consider whether the Registrar should have refused the estimate, given that the respondent's actual income to date exceeded her declared income, and whether this constituted a failure to properly consider the relevant legislative provisions and principles.

The Tribunal affirmed the Registrar's decision, finding that the Registrar had not erred in their exercise of discretion. The Tribunal reasoned that the legislation permitted the Registrar to accept an estimate of income where it was not practicable to obtain the actual income. While acknowledging that the respondent's year-to-date income was higher than her declared income, the Tribunal found that this fact alone did not mandate the refusal of the estimate. The Registrar was entitled to consider all relevant circumstances, and the evidence presented did not demonstrate that the estimate was unreasonable or that the Registrar had failed to consider the purpose of the child support legislation, which is to ensure that both parents contribute to the financial support of their children. The Tribunal concluded that the Registrar's decision to accept the estimate was a valid exercise of discretion based on the information available at the time.