FAMILY COURT OF AUSTRALIA
| CALLIS & CALLIS | [2019] FamCA 750 |
| FAMILY LAW – PROPERTY – Application to set aside or vary property Consent Orders pursuant to s 79A on the ground of miscarriage of justice – Where there is sufficient evidence to establish ground – Where father did not disclose his significant superannuation pension in the payment phase in the Application for Consent Orders – Where miscarriage of justice established – Where discussion of applicable principles – Where appropriate to exercise discretion to set aside Consent Orders. |
| Family Law Act 1975 (Cth) s 79A |
| Carron & Laninga [2019] FamCAFC 115 Clifton & Stuart (1990) 14 Fam LR 511 Gebert & Gebert (1990) Fam LR 62 Gilbert v. The Estate of Gilbert (1990) FLC 92-125 In the marriage of Kokl [1981] FamCA 60; (1981) 7 Fam LR 591 Lane & Lane [2016] FamCAFC 53 Pearce & Pearce [2016] FamCAFC 14 Perrin & Perrin [2018] FamCAFC 122 Suiker & Suiker (1993) FLC 92-436 Waterman & Waterman [2017] FamCAFC 23 |
| APPLICANT: | Ms Callis |
| RESPONDENT: | Mr Callis |
| FILE NUMBER: | PAC | 4029 | of | 2010 |
| DATE DELIVERED: | 17 October 2019 |
| PLACE DELIVERED: | Parramatta |
| PLACE HEARD: | Parramatta |
| JUDGMENT OF: | Foster J |
| HEARING DATE: | 19 July 2019 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Ms Druitt |
| SOLICITOR FOR THE APPLICANT: | Benetatos White Solicitors |
| COUNSEL FOR THE RESPONDENT: | Ms Eldershaw |
| SOLICITOR FOR THE RESPONDENT: | Craddock Murray Neuman |
Orders
The Consent Orders made on 21 September 2010 be set aside.
Note: The form of the order is subject to the entry of the order in the Court’s records.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Callis &Callis has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).
| FAMILY COURT OF AUSTRALIA AT PARRAMATTA |
FILE NUMBER: PAC 4029 of 2010
| Ms Callis |
Applicant
And
| Mr Callis |
Respondent
REASONS FOR JUDGMENT
The applicant wife in these proceedings seeks to set aside pursuant to s 79A of the Family Law Act 1975 (Cth) (“the Act”) property orders made by consent on 21 September 2010 as between herself and her former husband.
These proceedings were commenced by the applicant wife in her Initiating Application filed 12 October 2018. In her Amended Initiating Application subsequently filed on 1 February 2019 the wife seeks that the subject orders be varied and property adjustment as between her and the husband including a superannuation splitting order and various other orders as to implementation and enforcement be made.
The husband in his Amended Response filed 14 December 2018 to the wife’s application seeks orders that the wife’s application be dismissed and that she pay his costs.
On 5 April 2019 the Court determined that the section 79A…
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- AGLC
- Callis and Callis [2019] FamCA 750
- Case
- [2019] FamCA 750
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the Consent Orders of 21 September 2010 should be set aside.
Foster J determined that the Consent Orders should be set aside. The reasons for this decision are not detailed in the provided text.
The court ordered that the Consent Orders made on 21 September 2010 be set aside.
Orders
Orders of the court
1.
The Consent Orders made on 21 September 2010 be set aside.
Note: The form of the order is subject to the entry of the order in the Court’s records.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.