Zewe and Gewirtz (Child support)

This matter concerned an appeal by Zewe (the applicant) against a decision of the Child Support Registrar (the respondent) regarding child support payments. The dispute centred on whether payments made by Zewe to a third party, in lieu of direct child support payments to Gewirtz (the other parent), constituted valid child support payments under the relevant legislation. The appeal was heard by P Jensen M.

The primary legal issue before the court was whether the payments made by Zewe to a third party were made with the intention of both parents that such payments would be in lieu of child support. This required the court to determine if the parties had reached an agreement or understanding that these third-party payments would satisfy Zewe's child support obligations.

P Jensen M considered the provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) concerning non-agency payments. The court's reasoning focused on the necessity of demonstrating a clear intention by both parents that the third-party payments were to be accepted as discharging the child support liability. The court found that the evidence did not establish this mutual intention. Consequently, the decision of the Child Support Registrar was set aside and substituted with a new order.