Parsley and WHITESELL

Case

[2013] FCCA 1139

23 August 2013


Details
AGLC Case Decision Date
PARSLEY & WHITESELL [2013] FCCA 1139 [2013] FCCA 1139 23 August 2013

CaseChat Overview and Summary

In the matter of *Parsley and Whitesell*, heard by Judge Terry, the dispute concerned an application to set aside a child support agreement. The agreement in question was made on 2 December 1999 in respect of a child born in 1998.

The primary legal issue before the court was whether the existing child support agreement should be set aside. If the agreement were set aside, the court also needed to determine the consequential orders regarding the calculation of child support liability for the parties.

Judge Terry ordered that the child support agreement be set aside as of 19 February 2013. Consequently, the parties' liability for child support in respect of the child would be calculated in accordance with the *Child Support (Assessment) Act 1989* from that date forward. The application filed on 19 February 2013 was otherwise dismissed.
Details

Areas of Law

  • Family Law

  • Contract Law

Legal Concepts

  • Breach

  • Remedies

  • Contract Formation

  • Res Judicata

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