Lainson and Milley (Child support)

The case of *Lainson and Milley (Child Support)* concerned a dispute between the parties regarding a binding child support agreement. The primary issue before the court was the enforceability of a specific clause within that agreement.

The court was required to determine whether a clause purporting to vary child support obligations upon the unemployment of one of the parties could have legal effect within the framework of a binding child support agreement under the *Child Support (Registration and Collection) Act 1988* (Cth).

The court reasoned that the *Child Support (Registration and Collection) Act 1988* provides a specific regime for the assessment and collection of child support, and that binding child support agreements, while capable of modifying certain aspects of child support, are subject to the overarching statutory framework. The court found that the unemployment clause, as drafted, sought to create a mechanism for automatic variation of child support obligations that was not contemplated or permitted by the Act for binding child support agreements. Consequently, the clause was deemed to be ineffective. The decision under review, which found the unemployment clause to have no effect, was affirmed.