Noveski v Child Support Registrar & Anor

The applicants, Mr. Noveski and Ms. Noveski, sought judicial review of a decision made by the Child Support Registrar. The dispute concerned the Registrar's refusal to register a private child support agreement under section 87 of the *Child Support (Registration and Collection) Act 1988* (Cth). The primary issue was whether the agreement, which provided for a lump sum payment in lieu of periodic child support, was void for uncertainty or illegality.

The court was required to determine whether the Registrar had erred in law by refusing to register the agreement. Specifically, the court had to consider whether the agreement, by stipulating a lump sum payment, contravened the *Child Support (Registration and Collection) Act 1988* or the *Child Support (Assessment) Act 1989* (Cth), and whether such a provision rendered the agreement void for uncertainty or illegality.

Hayne and Crennan JJ held that the *Child Support (Assessment) Act 1989* did not preclude parties from entering into agreements for lump sum payments in satisfaction of child support obligations. Their Honours reasoned that while the Act primarily provides for a statutory assessment of child support, it does not prohibit private agreements that deviate from this assessment, provided they are otherwise valid. The court found that the agreement was not void for uncertainty or illegality, as the lump sum amount was clearly defined and the agreement served the purpose of providing for the child's maintenance. Consequently, the court found that the Registrar had erred in law in refusing to register the agreement. The orders were that the appeal be allowed, the decision of the Registrar be set aside, and the matter be remitted to the Registrar for reconsideration according to law.