FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Balson & Sandberg [2023] FedCFamC2F 390
File number(s): MLC 11313 of 2019 Judgment of: JUDGE HARLAND Date of judgment: 5 April 2023 Catchwords: FAMILY LAW whether or not financial agreement is binding – requirements for signing a financial agreement – material change of circumstances – uncertainty – duress Legislation: Family Law Act 1975 (Cth) ss 44(3), 90G, 90K(1)(d), 90SF, 90UC, 90UC(1)(a), 90UC(2), 90UF(4), s90UJ, s90UJ(1A), 90UM(1), 90UM(1)(e), 90UM(1)(g), 90UM(1)(h)
Law of Property (Miscellaneous Provisions) Act 1989 (UK)
Property Law Act 1958 (Vic), ss 73, 73A
Wills Act 1915 (Vic)
Cases cited: Caton v. Caton (1867) L.R. 2 H.L. 127
Chaffin & Chaffin [2019] FamCA 260
Daily & Daily [2020] FamCAFC 304
Fewster & Drake [2016] FamCAFC 214
Firstpost Homes Ltd v Johnson & Ors [1995] WLR 1567
Frederick & Frederick [2019] FamCAFC 87
Guild v Stasiuk [2020] FamCA 348
Hoult & Hoult [2013] 50 Fam LR 260
In the Marriage of Whitford (1979) FLC 90-612
Leung & Fan [2020] FCCA 764
Milavic & Banks (No. 2) [2016] FamCA 884
Re McCarthy, deceased [1922] VLR 216
Division: Division 2 Family Law Number of paragraphs: 115 Date of last submission/s: 21 February 2023 Date of hearing: 20 and 21 February 2023 Place: Melbourne Counsel for the Applicant: Mr DeVries Solicitor for the Applicant: Kaj Sharma Legal Counsel for the Respondent: Mr Puyol Solicitor for the Respondent: Marcou and Associates Pty Ltd ORDERS
MLC 11313 of 2019 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS BALSON
Applicant
AND: MR SANDBERG
Respondent
order made by:
JUDGE HARLAND
DATE OF ORDER:
5 April 2023
THE COURT ORDERS THAT:
1.The financial agreement dated 2 October 2017 is binding on the parties.
2.The financial agreement dated 2 October 2017 be set aside under section 90UM(1)(g) of the Family Law Act 1975 (Cth)
3.Within 14 days, the Applicant file an Amended Initiating Application setting out with precision the final orders sought.
4.Within 14 days thereafter, the Respondent file a Response to Initiating Application setting out with precision the final orders sought.
5.The parties and any lawyers on the record shall personally attend a Conciliation Conference with a Registrar at 9.00am on 31 May 2023.
6.The parties and any lawyers on the record shall follow any directions from the Registrar convening the conference in relation to attendance in person, by Microsoft Teams or by telephone.
7.Unless they obtain an exemption of such fee in accordance with the Family Law (Fees) Regulations 2012 (Cth), the Applicant must pay the Conciliation Conference fee within no less than 14 days prior to the Conference.
8.Not later than 4.00 pm on 14 days prior to the conference date, each party must:
(a)ensure that all documents required to be exchanged between parties pursuant to Chapter 6 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) have been exchanged;
(b)ensure that any private expert report that is relevant to the…
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