Adamo & Vinci (No 4)

The case of Adamo & Vinci (No 4) involved proceedings brought by Mr Adamo seeking to discharge final parenting orders and set aside final financial orders made in Adamo & Vinci (No 2) [2020] FamCA 873. The application was dismissed by the Federal Circuit and Family Court of Australia (Division 1). The husband argued that there had been a change in circumstances warranting a discharge of the final parenting orders and sought to set aside the final financial orders on various grounds, including suppression of evidence and exceptional circumstances. The wife opposed the application on the basis that the husband had not demonstrated any change in circumstances or grounds for setting aside the orders. The court had to determine whether the husband had established a change in circumstances sufficient to warrant the discharge of the final parenting orders and whether any of the grounds alleged by the husband had been made out to set aside the final financial orders.

The court found that the husband had not satisfied the onus of proving a change in circumstances since the final parenting orders were made. The court noted that there had been no significant change in the husband’s ability or willingness to take up the opportunity to spend more time with the children, as had been contemplated at the time of the final parenting orders. In relation to the financial orders, the court concluded that the husband had not demonstrated that there had been suppression of evidence, failure to disclose evidence, default by the wife, or exceptional circumstances. The court was not satisfied that any of the grounds for setting aside the final financial orders had been made out.

Accordingly, the husband's Further Amended Initiating Application was dismissed. The court's order provided that the application filed on 5 December 2022 be dismissed. This decision underscores the stringent requirements for discharging or setting aside final orders in family law proceedings, emphasising the importance of demonstrating significant changes in circumstances or valid grounds for such relief.