Higgs and Shay (Child support)

The dispute in *Higgs and Shay (Child Support)* concerned whether there were unpaid amounts of child support during a specified three-month arrears period, the terms of a private agreement between the parties, and the quantum of those unpaid amounts. The decision under review was made by the Child Support Registrar and was subsequently appealed to the court.

The court was required to determine whether the Child Support Registrar had erred in finding that certain amounts of child support were unpaid during the relevant arrears period. This involved an interpretation of the terms of a private agreement entered into by the parties and the application of the *Child Support (Registration and Collection) Act 1988* to the facts.

Deputy J Walsh P considered the evidence presented regarding the private agreement and the payments made by the parties. The court applied principles of contract interpretation to ascertain the parties' intentions and obligations under their agreement. The court found that the Registrar's decision did not adequately consider the terms of the private agreement and the payments made pursuant to it, leading to an incorrect calculation of the arrears.

Consequently, the court varied the decision under review, finding that the quantum of unpaid child support during the specified period was different from that determined by the Registrar.