Whiffen and Woolery (Child support)

The Administrative Appeals Tribunal (AAT) considered the matter of Whiffen and Woolery concerning a child support administrative assessment. The dispute centred on the applicant's request to have their estimated income for child support purposes assessed at a lower figure than what was likely to be their actual income.

The primary legal issue before the Tribunal was whether the applicant's estimated income, which was demonstrably less than their likely actual income, ought to be refused by the Registrar. The Tribunal was required to determine the appropriate approach to estimating income in the context of child support assessments when the provided estimate did not accurately reflect the individual's earning capacity.

The Tribunal reasoned that the purpose of estimating income under the *Child Support (Registration and Collection) Act 1988* is to provide a basis for assessment when actual income is not readily ascertainable. However, it found that the applicant's estimate was not a genuine reflection of their likely income. Applying the principles of the Act, the Tribunal concluded that an estimate that is knowingly less than the likely actual income should not be accepted. Consequently, the Tribunal set aside the Registrar's decision and substituted its own decision, refusing the applicant's estimated income.