Chandyo and Chandyo

In the matter of *Chandyo and Chandyo*, Foster J of the Family Court of Australia considered an application to set aside consent orders previously made on 8 May 2012. The dispute concerned property adjustment following the breakdown of the marriage.

The primary legal issue before the Court was whether the existing consent orders should be set aside. This required the Court to consider the circumstances under which such orders could be vitiated, particularly in light of any alleged misrepresentations or non-disclosures that may have influenced the parties' agreement.

Foster J reasoned that the consent orders were not a valid exercise of the Court's jurisdiction under the *Family Law Act 1975* (Cth) because they did not represent a proper or just outcome. The Court found that the husband had failed to provide full and frank disclosure of his financial position at the time the consent orders were made, which rendered the orders liable to be set aside. Consequently, the Court ordered that the consent orders of 8 May 2012 be set aside, and directed the husband to file an amended Response detailing his property adjustment claims. The proceedings were also listed for case management and a potential transfer to the Federal Circuit Court.