Wickwar and Child Support Registrar (Child support)

This matter concerned an appeal by Wickwar against a decision of the Child Support Registrar concerning the assessment of child support. The dispute centred on whether certain payments made by Wickwar to the other parent were to be considered child support payments or were instead payments for the benefit of the child that did not reduce the child support assessment.

The primary legal issue before the court was to determine the proper characterisation of payments made by Wickwar. Specifically, the court had to decide whether these payments, which were made pursuant to a private agreement and were for the child's benefit, should be credited against Wickwar's assessed child support liability under the *Child Support (Registration and Collection) Act 1988* (Cth).

The Senior Magistrate, D Benk SM, considered the provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) and relevant case law. The Magistrate found that the Act provides a comprehensive scheme for the assessment and collection of child support and that payments made under a private agreement, even if for the benefit of the child, do not automatically reduce or discharge a statutory child support liability unless they meet specific criteria for a departure from the assessment. The Magistrate determined that the payments in question did not meet these criteria and were therefore not to be credited against the assessed liability.

The appeal was dismissed, and the Child Support Registrar's decision was affirmed.