Campling and Child Support Registrar (Child support)

This matter concerned an appeal by the applicant, Mr. Campling, against a decision of the Child Support Registrar. The dispute centred on the Registrar's refusal to accept a child support agreement as a valid limited child support agreement under section 80(1)(c) of the *Child Support (Registration and Collection) Act 1988* (Cth). The Registrar had determined that the agreement was not a valid limited child support agreement because it did not meet the requirements of section 80(1)(c), which mandates that such agreements must be made in writing, signed by both parties, and that each party must have received legal advice from an independent legal practitioner before signing.

The primary legal issue before the Court was whether the child support agreement satisfied the requirements of section 80(1)(c) of the *Child Support (Registration and Collection) Act 1988* (Cth) to be registered as a limited child support agreement. Specifically, the Court had to determine if the applicant had provided sufficient evidence to demonstrate that the respondent had received legal advice from an independent legal practitioner prior to signing the agreement, as required by the legislation.

The Court considered the evidence presented, including the agreement itself and the affidavit of the applicant. It was noted that while the agreement was in writing and signed by both parties, the crucial element of the respondent receiving independent legal advice was not adequately proven. The applicant's affidavit stated that the respondent was advised to seek independent legal advice, but it did not confirm that such advice was actually obtained. Without positive evidence that the respondent had indeed received advice from an independent legal practitioner, the Court found that the agreement did not meet the stringent requirements of section 80(1)(c).

Consequently, the Court dismissed the appeal, upholding the Registrar's decision that the agreement was not a valid limited child support agreement.