Barker v Barker

In *Barker v Barker*, the Full Court of the Family Court of Australia considered an appeal concerning an application to set aside a consent order made under section 79A(1)(a) of the *Family Law Act 1975* (Cth). The appellant sought to overturn an earlier property settlement order, alleging that it was obtained by fraud.

The primary legal issue before the Full Court was whether the appellant had established the necessary grounds to set aside the consent order under section 79A(1)(a). This involved determining whether the consent order was obtained by fraud, or whether there had been a miscarriage of justice due to the circumstances under which the order was made.

The Court analysed the evidence presented by the appellant regarding the alleged fraud. It applied the principles established in cases concerning the setting aside of consent orders, emphasising the high threshold required to prove fraud and the importance of finality in litigation. The Court found that the appellant had failed to discharge the onus of proving that the consent order was obtained by fraud, and therefore, the grounds for setting aside the order under section 79A(1)(a) were not met.

Consequently, the Full Court dismissed the appeal and upheld the original consent order.