Lincoln and Lincoln

In the matter of *Lincoln and Lincoln*, the Federal Circuit Court of Australia was asked to determine whether a Binding Child Support Agreement entered into by the parties on 15 February 2012 should be set aside. The father sought to have the agreement set aside, while the mother sought to uphold it.

The primary legal issue before the Court was whether the Binding Child Support Agreement was voidable due to alleged misrepresentations made by the mother to the father concerning the financial circumstances of the parties at the time the agreement was executed. Specifically, the father contended that he was induced to enter into the agreement based on false representations about the mother's income and assets.

Judge Burchardt considered the evidence presented by both parties regarding the representations made and the financial positions of the father and mother. The Court applied the principles of contract law concerning misrepresentation and the specific provisions of the *Family Law Act 1975* (Cth) and the *Child Support (Assessment) Act 1989* (Cth) relating to the setting aside of child support agreements. The Court found that the father had successfully demonstrated that material misrepresentations were made by the mother, which induced him to enter into the Binding Child Support Agreement.

Consequently, the Court ordered that the Binding Child Support Agreement be set aside. The father was ordered to pay child support as administratively assessed in accordance with the *Child Support (Assessment) Act 1989*.