Session Catalogue


Child Support: Current Issues – Expanded Definition of Hardship, Private School Fees and more


This seminar is presented by Catherine Devine. Ms. Devine is a barrister specialising in the area of child support. Ms. Devine discusses private school fees in the child support context. Ms. Devine advises on the process of forming these agreements, the factors to consider and the legal requirements the agreement must adhere to.


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Full Description

Ms. Devine begins the presentation by demonstrating the new definition of ‘hardship’, formed in the case of Hampson & Bailey [2013] FCCA 1004. This case also illustrates the requisite elements which must be established for ‘hardship’ to be found.

Additionally, Ms. Devine details how a binding child support agreement can incorporate the payment of private school fees in addition to or instead of child support. Ms. Devine outlines the relevant sections under the Child Support (Assessment) Act 1989 and precedent set in O’Loughlin & O’Loughlin (No.2) [2007] FamCA 1546.

Ms. Devine also explains the requirements at for a child support agreement to be binding, the termination requirements, the essential factors to consider when forming the agreement and what to advise a client when there is a disagreement.

Ms. Devine discusses the following cases:

  • Wild v Ballard (1997) FLC 92-771
  • Farmer and Farmer [2007] FamCA 158
  • Beklar & Beklar [2013] FamCA 327
  • Firth & Hale-Forbes [2013] FamCA 334
  • Hampson v Bailey [2013] FCCA 1004


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