MARTYN & MARTYN

In the matter of *Martyn & Martyn*, the father sought to set aside a binding child support agreement and extinguish arrears payable under that agreement. The mother was the respondent. The proceedings were heard by McClelland DCJ.

The court was required to determine whether exceptional circumstances existed that related to the father, and whether the father would suffer hardship if the binding child support agreement were not set aside. Additionally, the court considered the costs of the Independent Children’s Lawyer, with both parties asserting they would suffer financial hardship if required to pay half of those costs.

McClelland DCJ reasoned that the father's business had been significantly impacted by the COVID-19 pandemic, constituting exceptional circumstances. Consequently, the court ordered that the binding child support agreement be set aside. However, the application to extinguish the arrears payable under the agreement was dismissed. Regarding costs, the court ordered that both the mother and father each pay half of the costs of the Independent Children’s Lawyer within 12 months of the date of the orders.