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

Why is male fertility declining? Experts weigh in

Male fertility decline has become one of the most important and unsettling questions in reproductive medicine. There appears to have been a clear decline in sperm quality over the past 50 years, but the difficult truth is that there is no single, settled explanation. That was one of the central messages delivered by United States… Read More »Why is male fertility declining? Experts weigh in

Trump’s New Order Threatens Foreign Surrogacy Babies

Two new executive orders issued by President Trump have created serious uncertainty for foreign intended parents pursuing surrogacy in the United States. For Australians, the concern is immediate and practical: will intended parents be able to travel to the United States for the birth of their child, and will that child be recognised as a… Read More »Trump’s New Order Threatens Foreign Surrogacy Babies

Parental leave surrogacy: what surrogates and parents can claim

Parental leave is one of those practical issues that can be overlooked in the excitement and complexity of a surrogacy arrangement. Yet it matters enormously. Time away from work is needed for the birth, recovery, bonding, medical appointments, travel and the first intense weeks of caring for a newborn. For surrogates, intended parents and a… Read More »Parental leave surrogacy: what surrogates and parents can claim

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