The parties had a voluntary child support agreement which has now ended. Mrs G believed she was misled about the extent of Mr P’s income, and sought to set aside the agreement under section 113(1) of the Child Support Act 1991.

This Act empowers the Family Court to set aside a voluntary agreement where the agreement of one party was “obtained by fraud or undue influence or by a mistake that was material to him or her”.

The High Court held that the three requirements in relation to the Family Court Rules for discovery before issuing proceedings, were established by the appellant and the Family Court was wrong to conclude otherwise.

Case Comment

This case is important in showing that you can obtain further information from the other party before commencing child support proceedings. Our office has been involved in such child support proceedings previously and they are complex matters. This is one area where the involvement of a specialist Family Court lawyer is invaluable.

The Child Support Act 1991 is complex and challenging for parties, lawyers and even Judges.


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