Marsden and Saunders

In the matter of *Marsden and Saunders*, heard by Judge Scarlett, the dispute concerned the validity and enforceability of two child support agreements. The parties had entered into a Child Support Agreement on 19 July 2002, and subsequently a Binding Child Support Agreement on 14 December 2010. The proceedings involved applications relating to these agreements and other applications for orders under the *Child Support (Assessment) Act 1989* and the *Child Support (Registration and Collection) Act 1988*.

The court was required to determine whether the initial Child Support Agreement of 2002 remained in force and, critically, whether the Binding Child Support Agreement of 2010 should be set aside. Further, the court had to consider the disposition of all other applications made under the relevant child support legislation.

Judge Scarlett declared that the Child Support Agreement of 19 July 2002 was no longer in force from 14 December 2010. The court then set aside the Binding Child Support Agreement of 14 December 2010, with effect from 5 September 2012. All other applications made under the *Child Support (Assessment) Act 1989* or the *Child Support (Registration and Collection) Act 1988* were dismissed. An application for orders under the *Family Law Act 1975*, filed on 13 April 2015, was transferred to Judge Kemp for a mention on 5 December 2016.