Goleby and Goleby

In the matter of *Goleby and Goleby*, Murphy J of the Family Court of Australia considered an application to vary a South African court order concerning child maintenance. The original order, made by the High Court of South Africa in January 1999, had made binding a Deed of Settlement between the parties. The applicant sought to discharge specific clauses of this settlement agreement relating to child maintenance obligations for their two daughters, Ms F and Ms S, and to discharge any arrears registered with the Child Support Agency.

The primary legal issue before the court was whether it had the power to vary the South African order under the *Family Law Regulations 1984* (Cth), specifically Regulation 36, which permits the variation of registered oversea maintenance orders. The court was required to determine the extent to which it could discharge existing maintenance obligations and any accrued arrears.

Murphy J reasoned that Regulation 36 of the *Family Law Regulations 1984* provided the necessary authority to vary the registered South African order. The court applied the principles of statutory interpretation to Regulation 36, concluding that it allowed for the discharge of maintenance obligations as they fell due, and also for the discharge of arrears. Consequently, the court ordered the discharge of specific clauses of the South African Deed of Settlement relating to the maintenance of Ms F and Ms S as those obligations ceased to apply based on their ages. The court also discharged all arrears owing to the Child Support Agency from the date of the order. The court further declared these orders provisional under Regulation 38(1) of the *Family Law Regulations 1984* and directed the Registrar to send relevant documents to the Secretary for the purposes of Regulation 38A.