Barkworth and Barkworth (Child support)

This matter concerned an appeal to the Full Court of the Family Court of Australia regarding a child support assessment. The parties, referred to as Barkworth and Barkworth, disputed whether a fixed annual rate of child support should apply. The primary issue was whether it would be unjust and inequitable for such a fixed rate to continue.

The court was required to determine whether the existing fixed annual rate of child support should be set aside, pursuant to section 117(2)(a) of the *Child Support (Registration and Collection) Act 1988* (Cth). This involved considering the financial resources of the parties and whether the continuation of the fixed rate would result in an unjust and inequitable outcome.

The Full Court affirmed the decision of the lower court, finding that it was not unjust and inequitable for the fixed annual rate of child support to apply. The court reasoned that the available financial resources of the parties did not warrant departing from the existing assessment. Consequently, the application to have the fixed annual rate set aside was refused.