Chen and Chen and Ors

Case

[2018] FamCA 828

17 October 2018


Details
AGLC Case Decision Date
Chen and Chen and Ors [2018] FamCA 828 [2018] FamCA 828 17 October 2018

CaseChat Overview and Summary

In the matter of *Chen and Chen and Ors*, heard by Cronin J, the dispute concerned the validity of a financial agreement entered into between Ms Quen and Mr Chen on 15 October 2015. The court was required to determine whether this financial agreement should be set aside, thereby allowing for the determination of outstanding applications for financial relief between the parties.

The central legal issue before the court was whether the financial agreement met the requirements of Section 90UM of the *Family Law Act 1975* (Cth). This section provides grounds for setting aside a financial agreement if certain conditions are met, including if the agreement was obtained by fraud, if a party failed to disclose material matters, or if there was duress or undue influence.

Cronin J ordered that the financial agreement be set aside pursuant to Section 90UM of the *Family Law Act 1975* (Cth). Following this determination, all outstanding applications for financial relief were adjourned for future determination by a judge. The court also made orders regarding the process for any party seeking costs arising from these proceedings, with specific timelines for written applications and responses, and the possibility of determination in chambers. Liberty to apply for consequential orders was also granted.
Details

Areas of Law

  • Family Law

  • Contract Law

  • Civil Procedure

Legal Concepts

  • Breach

  • Costs

  • Remedies

  • Res Judicata

Actions
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Most Recent Citation
Guan & Shen [2024] FedCFamC2F 117

Cases Citing This Decision

6

Chen & Chen & Ors (No. 3) [2020] FamCA 744
Chen & Chen & Ors (No. 3) [2020] FamCA 744
Chen and Chen & Ors [2020] FamCA 602
Cases Cited

4

Statutory Material Cited

1

Chen & Chen & Anor (No 2) [2017] FamCA 285