Godby and Godby and Anor

In the matter of *Godby and Godby and Anor*, heard before Judge Street, the dispute concerned the setting aside of two binding Child Support Agreements and the resolution of arrears and associated penalties. The parties sought to have these agreements nullified, and the court was tasked with determining the appropriate course of action regarding the existing child support arrangements and financial obligations.

The court was required to determine whether to set aside the 2011 binding Child Support Agreement and the Child Support Agreement dated 1 September 2009. Further, the court had to consider the quantum of arrears owing, the imposition of interest and penalties, and the lifting of a deportation prohibition order. Finally, the court was asked to address the costs of the proceedings and discharge a previous costs order.

Judge Street, applying sections 137 and 136 of the relevant legislation, ordered that both Child Support Agreements be set aside. The court reduced the arrears to $55,000, payable within 60 days, with no interest or penalty if paid within that timeframe. Upon satisfaction of this payment, the Registrar was directed to lift the deportation prohibition order against the applicant. The costs order made by Henderson J on 25 September 2014 was discharged, and no order as to costs was made for the current proceedings, meaning each party was to bear their own costs. Any other existing penalties or interest imposed were extinguished.