Family Assistance and Child Support Legislation Amendment (Protecting Children) Act 2018 (36 of 2018)

Schedule 1   Child support amendments

Part 3   Child support agreements

Division 2   Other amendments

Child Support (Assessment) Act 1989

68   After subsection 136(2)

Insert:

(2A) If a party has applied under subsection (1), the court may also set aside the agreement in accordance with the application if the court is satisfied that:

(a) the agreement was made before 1 July 2008; and

(b) the agreement was made without at least one of the parties to the agreement receiving independent legal advice, before entering the agreement, from a legal practitioner as to the matters referred to in paragraph 80C(2)(c); and

(c) it would be unjust and inequitable if the court does not set the agreement aside.