Telama and Telama (No.2)

In *Telama and Telama (No.2)*, Judge McGuire of the Federal Circuit Court of Australia considered competing applications by the parties concerning a Binding Child Support Agreement dated 2 April 2013. The applicant mother sought declarations and orders for the enforcement of arrears accrued under the agreement, while the respondent father sought to have the agreement set aside and any arrears extinguished.

The court was required to determine whether the respondent owed the applicant a specific sum for arrears under the Binding Child Support Agreement and, if so, to make orders for payment. Concurrently, the court had to consider the respondent's application to set aside the agreement and discharge any accrued arrears.

The court found that the respondent owed the applicant the sum of $375,127.29 pursuant to arrears accrued under the Binding Child Support Agreement. The court also ordered that the agreement be set aside as from the date of the orders. The court declared that the respondent owes the applicant the sum of $375,127.29 and ordered that this sum be paid within 120 days, with liberty to the applicant to apply for a Third Party Debt Notice should the respondent fail to make the payment. The Binding Child Support Agreement was set aside from the date of the orders.