Sellars and Barry and Ors

In *Sellars and Barry and Ors*, heard by Judge Hartnett, the applicant sought to set aside a registered child support agreement entered into with the second respondent. The dispute concerned the validity and continued operation of this agreement, which had been in place since December 2007.

The primary legal issue before the court was whether the child support agreement should be set aside pursuant to section 136 of the *Child Support (Assessment) Act 1989*. This required the court to consider the circumstances surrounding the agreement and whether it continued to meet the relevant legislative criteria for remaining in force.

Judge Hartnett found that the child support agreement should be set aside as of 9 May 2010. Consequently, any arrears that had accrued since that date were discharged, and the court requested that the Child Support Registrar remit any associated late payment penalties or interest. The applicant was ordered to pay child support for the three children in accordance with administrative assessments from time to time, with any overpayments to be forgiven once the applicant's income for the relevant period was determined.