BERNARD & DALTON

In the matter of *Bernard & Dalton*, the mother sought to enforce child maintenance arrears against the father, arising from consent orders made between them. The court was required to determine whether the mother had established that the conditions precedent to the child maintenance obligations, as stipulated in the consent orders, had been satisfied.

The central legal issue was whether the mother had discharged her onus of proof in demonstrating that the conditions upon which the father's child maintenance obligations were contingent had been met. The court considered the terms of the consent orders and the evidence presented by the mother regarding the fulfilment of these conditions.

Rees J found that the mother had failed to establish that the specified conditions had been met. Consequently, the court determined that the father's child maintenance obligations had not accrued, and therefore, no arrears were payable. The mother's application was dismissed.

The court also considered the matter of costs. Despite the mother being wholly unsuccessful, Rees J determined that no other factor under section 117(2A) of the *Family Law Act 1975* (Cth) justified making a costs order against her. Accordingly, there was no order as to costs.