Ms. Devine begins the presentation by demonstrating the new definition of ‘hardship’, formed in the case of Hampson & Bailey  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)  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  FamCA 158
- Beklar & Beklar  FamCA 327
- Firth & Hale-Forbes  FamCA 334
- Hampson v Bailey  FCCA 1004