Draper and Holloway (Child support)

The matter of *Draper and Holloway* concerned an application to review a decision made by the Registrar of the Child Support Agency. The dispute centred on whether a financial agreement entered into by the parties met the requirements of a binding child support agreement under the relevant legislation. The review was heard by Magistrate Kennedy SM in the Magistrates Court.

The primary legal issue before the Court was to determine whether the financial agreement satisfied the conditions stipulated in section 87 of the *Child Support (Registration and Collection) Act 1988* (Cth) for it to be considered a binding child support agreement. This involved an assessment of whether the agreement was in writing, signed by both parties, and whether it contained provisions for the payment of child support that were not inconsistent with the Act.

Magistrate Kennedy SM reasoned that for an agreement to be binding under section 87, it must clearly and unequivocally provide for the payment of child support. The Court found that the agreement in question, while in writing and signed by both parties, did not sufficiently detail the specific child support obligations in a manner that complied with the legislative requirements. Consequently, the Court determined that the agreement did not meet the threshold for a binding child support agreement.

The Court set aside the Registrar's decision and substituted its own finding that the financial agreement was not a binding child support agreement.