Wigton and Child Support Registrar (Child support)

This matter concerned an appeal by Wigton against a decision of the Child Support Registrar concerning the assessment of child support. The dispute centred on whether certain payments made by Wigton to the child's mother, Child Support Registrar, were to be considered as child support payments or as something else.

The primary legal issue before the court was to determine the characterisation of payments made by Wigton to the child's mother. Specifically, the court had to decide whether these payments, made pursuant to a deed of settlement, were intended to be child support payments or were for other purposes, such as a property settlement or a gift. This determination was crucial for assessing Wigton's child support liability.

The Senior Magistrate, D Benk SM, considered the terms of the deed of settlement and the surrounding circumstances. The Magistrate found that the deed clearly stipulated that the payments were made in full and final settlement of all claims, including those for child support. The Magistrate applied the principle that the clear and unambiguous terms of a written agreement should be given effect, and that extrinsic evidence should not be admitted to contradict or vary such terms unless there is ambiguity. The Magistrate concluded that the payments were not child support payments as defined by the relevant legislation, but rather a settlement of all claims.

Consequently, the appeal was dismissed, and the Child Support Registrar's assessment, which had treated the payments as child support, was set aside.