Hortinzia and Hortinzia (Child support)

The applicant, Hortinzia, sought to set aside a binding child support agreement that had been made between herself and the respondent, Hortinzia. The dispute concerned whether the agreement continued to apply after the child’s eighteenth birthday, and whether a terminating event had occurred. The matter was before the Child Support Specialising Division of the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the binding child support agreement remained in force after the child turned eighteen years of age, and consequently, whether the agreement had terminated by operation of law or by the occurrence of a specified terminating event.

Member P Sperling reasoned that the terms of the binding child support agreement clearly stipulated that it would continue to apply until the child attained the age of 21 years, or until the child completed secondary education, whichever occurred last. The Tribunal found that neither of these terminating events had yet occurred. Therefore, the agreement was still in force and had not terminated. The decision under review was set aside and substituted with a new decision.