Acker & Acker

The proceedings in *Acker & Acker* concerned a dispute between a husband and wife regarding their property. The wife sought to set aside a financial agreement made under section 90C of the *Family Law Act 1975* (Cth), alleging fraud due to the husband's non-disclosure of a material matter. The Commissioner of Taxation also sought leave to intervene in the proceedings.

The primary legal issue before Kent J was whether the court had jurisdiction to proceed with property settlement under Part VIII of the *Family Law Act*, specifically section 79, before determining whether the financial agreement should be set aside under section 90K. A further issue was whether it was premature for the Commissioner of Taxation to be granted leave to intervene in the property proceedings.

Kent J reasoned that the court's jurisdiction under Part VIII of the Act, including section 79, is contingent on the financial agreement not being in effect. Therefore, a determination under section 90K as to whether the financial agreement is set aside must precede any substantive property settlement proceedings. Regarding the Commissioner's intervention, the court found it premature to grant leave, as the Commissioner's position as a creditor in section 79 proceedings could only be considered if and when those proceedings were permitted to advance. The court also noted the existence of related proceedings in the Administrative Appeals Tribunal that had not yet been determined.