Piper and Talbot and Anor

In the matter of *Piper and Talbot and Anor*, the Appellant sought judicial review of a decision made by the Administrative Appeals Tribunal concerning child support. The central dispute revolved around a financial agreement entered into by the parties, which had been accepted by the Child Support Agency as a Binding Child Support Agreement under the *Child Support (Assessment) Act 1989* (Cth).

The Appellant raised several legal issues for determination by the court. These included whether the Tribunal erred in failing to assess the existence of an agreement according to principles of law and equity for the purposes of sections 81 and 90C of the Act, whether the Certificates of Legal Advice satisfied the requirements of section 80C, and whether the Tribunal adequately considered the nature and extent of the legal advice provided. Crucially, the Appellant argued that if the child support provisions of the agreement failed to comply with section 84(6) of the Act, then those provisions could not constitute a Binding Child Support Agreement.

The court found in favour of the Appellant on all grounds. It reasoned that the Tribunal had erred in its assessment of the agreement. The court applied the principles of the *Child Support (Assessment) Act 1989* (Cth), particularly concerning the requirements for a Binding Child Support Agreement and the associated legal advice. The court concluded that the financial agreement, despite its prior acceptance by the Child Support Agency, did not meet the statutory criteria to be considered a Binding Child Support Agreement.

Consequently, the court made a declaration that the Section 90UD Financial Agreement entered into between the Appellant and the First Respondent on 14 April 2016 does not constitute a Binding Child Support Agreement pursuant to the *Child Support (Assessment) Act 1989* (Cth).