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

International Surrogacy Insights: Join Me at the Growing Families Conference

International surrogacy can open extraordinary possibilities for intended parents, but it also comes with legal complexity that should never be underestimated. The rules are different from country to country, sometimes from state to state within the same country, and what looks straightforward at the beginning can become very complicated once parentage, citizenship, travel and documentation… Read More »International Surrogacy Insights: Join Me at the Growing Families Conference

30 Years a Specialist & 21 Years Together: The Page Provan Story

Some anniversaries arrive with fanfare. Others sneak up quietly and then suddenly feel enormous. At the end of June and the beginning of July 2026, two milestones sit side by side. One marks 30 years as an accredited family law specialist. The other marks 21 years working alongside Bruce Provan. Together, they say something important… Read More »30 Years a Specialist & 21 Years Together: The Page Provan Story

Australian Surrogacy Law: A Gay Father’s Journey from Prejudice to Pride

Pride Month means different things to different people. For some, it is celebration. For others, it is remembrance, protest, relief, or the simple comfort of being seen. For LGBTQIA+ parents in Australia, Pride can also carry a very specific weight. It can be about family, legal recognition, and the fight to ensure children are protected… Read More »Australian Surrogacy Law: A Gay Father’s Journey from Prejudice to Pride

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