Zalewski and Taylor (Child support)

This matter concerned an appeal by the applicant, Zalewski, against an administrative assessment of child support made by the Registrar of Child Support. The dispute centred on the Registrar's refusal to accept an estimate of the respondent's, Taylor's, income for the purposes of calculating child support. The appeal was heard by Ellis SM in the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the Registrar had erred in refusing to accept the estimate of the respondent's income, and consequently, whether the administrative assessment should be set aside and substituted with a revised assessment based on the estimated income.

Ellis SM found that the Registrar's decision to refuse the estimate of income was not supported by the evidence. The Court applied the principles governing the assessment of child support, which require the Registrar to make a reasonable estimate of a liable parent's income when actual income cannot be ascertained. In this instance, the Court determined that the estimate provided was reasonable and should have been accepted. The Court therefore set aside the original assessment and substituted it with a new assessment based on the accepted estimate of the respondent's income.