RAKE & RAKE

In the matter of RAKE & RAKE, heard before Judge Harland, the applicant sought to set aside a binding child support agreement and to have child support arrears dismissed. The application was filed on 12 June 2018, following the commencement of the *Family Assistance and Child Support Legislation Amendment (Protecting Children) Act 2018* (Cth).

The central legal issues before the court were whether the court retained the power to make orders under section 136 of the *Child Support (Assessment) Act 1989* (Cth) in relation to a child support agreement that had been terminated, and the effect of the *Protecting Children* Act on such applications.

Judge Harland reasoned that section 136 of the *Child Support (Assessment) Act 1989* (Cth) only permits the court to make orders with respect to a binding child support agreement that is still in force. As the agreement in question had been terminated prior to the application being filed, the court lacked the statutory power to grant the relief sought under that section. The amendments introduced by the *Protecting Children* Act did not confer retrospective power to set aside a terminated agreement.

Consequently, the application filed on 12 June 2018 was dismissed.