Family Court: setting aside should be part of property settlement trial

Family Court: setting aside should be part of property settlement trial

The Full Court of the Family Court has recently held that trial judges should avoid hearing setting aside proceedings under section 106B of the Family Law Act separately from the related property settlement proceedings under section 79 of the Family Law Act.

In VC and GC, Justices Warnick, Boland and Thackray held:

It is generally undesirable to have a discrete hearing of a s 106B application. This is especially so where, as was the case here, findings of credibility are likely to be important. The judge may well make a favourable or unfavourable finding in determining the s 106B questions but, in the light of what subsequently transpires in the balance of the s 79 proceedings, wish that he or she had not done so.

Also the questions that are answerable in a discrete hearing may be more limited than is often appreciated. Questions of intention and whether an order was “anticipated” or not may be answerable, but whether, even if those questions are answered affirmatively, an anticipated order is likely to be defeated, might well not be answerable until the completion of s 79 proceedings

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

Is the West Australian Surrogacy Act Unconstitutional?

The West Australian Surrogacy Act is at the centre of a constitutional challenge that could transform who may lawfully pursue surrogacy in Western Australia. The matter was heard in the Supreme Court on 18 November 2025, and judgment was expected within six weeks. At stake is whether state surrogacy rules that exclude single men, gay… Read More »Is the West Australian Surrogacy Act Unconstitutional?

Mexico Surrogacy Law Update: Good News for Intended Parents!

A July 2024 decision of the Supreme Court of Mexico, arising from Jalisco, marks a significant development for international surrogacy. The court has clarified the legal framework for obtaining an amparo order in surrogacy cases and set out mandatory protections for surrogates. These changes bring greater certainty for intended parents while emphasising the rights and… Read More »Mexico Surrogacy Law Update: Good News for Intended Parents!

Brisbane to Host the International Federation of Fertility Societies (IFFS) Congress in 2027

The International Federation of Fertility Societies has chosen Brisbane as the host city for its next World Congress in April 2027. This decision marks a major milestone for Australia and New Zealand’s fertility sector, bringing together clinicians, researchers, allied health professionals and legal experts from across the globe to share knowledge, debate policy and present… Read More »Brisbane to Host the International Federation of Fertility Societies (IFFS) Congress in 2027

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board