DELAHEY & GARRA-MARSH

In the Family Court of Australia, Judge Scarlett considered applications by the Respondent to set aside three agreements: a binding financial support agreement dated 17 April 2009, a binding child support agreement dated 17 April 2009, and a binding financial agreement dated 7 August 2009. The Respondent also sought property settlement and orders relating to child support, including a lump sum payment and a departure from an administrative assessment. The core of the dispute revolved around the validity and enforceability of these agreements, with the Respondent alleging fraud, failure to disclose material information, undue influence, duress, unconscionable conduct, and exceptional circumstances.

The court was required to determine whether the binding financial support agreement, the binding child support agreement, and the binding financial agreement were void, voidable, or otherwise unenforceable. Specifically, the court had to consider whether the Respondent had established grounds such as fraud, failure to make full and frank disclosure, undue influence, duress, unconscionable conduct, or exceptional circumstances that would warrant setting aside the agreements or departing from the child support assessment. The court also had to determine if the application for property settlement was competent, given the existence of the binding financial agreements.

Judge Scarlett found that the Respondent failed to establish any grounds to set aside the agreements. The court held that the agreements were not void, voidable, or unenforceable. No unconscionable conduct or fraud was established. The court also determined that the threshold for "exceptional circumstances" required to set aside a binding child support agreement was not met, distinguishing it from a "material change in circumstances." Consequently, the applications to set aside the agreements and for property settlement were dismissed. The applications for lump sum child support and departure from administrative assessment were also dismissed.