SALA & HABNER

The case of *SALA & HABNER* concerned an application by the father to set aside a binding child support agreement. The mother sought to uphold the agreement. The matter came before Wilson J of the Family Court of Australia.

The primary legal issue before the Court was whether the father had established "exceptional circumstances" sufficient to justify setting aside the binding child support agreement, as contemplated by the relevant legislation. This required the Court to interpret the meaning of "exceptional circumstances" within the statutory context and to determine if the father's situation met that threshold.

Wilson J considered the ordinary meaning of "exceptional circumstances" and noted that their existence is determined by an examination of all relevant circumstances, viewed in light of the particular statutory context. The Court found that the father's financial circumstances, including discretionary financial undertakings he had incurred since entering into the agreement, did not rise to the level of "exceptional" as required by the legislation. Consequently, the Court determined that the threshold for setting aside the binding child support agreement had not been met.