There are certain circumstances in which the court may vary or set aside final property orders dealing with the division of assets between former partners/spouses. It is important to remember that even if one or more of the factors are met, the court has discretion when making the decision to either vary or set aside an order.
Section 79A and 90SN of the Family Law Act 1975 (Cth) provide that a court can only set aside final property orders:
- If the Court is satisfied that:
a. There has been a miscarriage of justice.
b. It could be by way of duress.
c. The suppression of evidence (which includes relevant evidence not being disclosed).
d. A person has committed fraud.
e. Circumstances have changed and the orders are no longer practicable to continue.
f. Proceeds of crime order has been made covering property of the parties.
f. Circumstances have arisen that if the orders were not changed would lead to hardship for one of the parties if the orders were not varied or set aside by the court.
2. If the parties have agreed to vary or set aside the orders.
The process can be very challenging and complex. If you are considering making an application to set aside or vary orders and would like more information or assistance to understand the court process. Please contact our specialist team at Anderson Family Lawyers on (03) 5536 9111.
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