Cleese and Colburn

In the matter of *Cleese and Colburn*, heard by Rees J of the Family Court of Australia, the central dispute concerned the Family Court's jurisdiction to set aside an Agreement as to Judgment made in the Supreme Court of New South Wales. This agreement, entered into under the *Property (Relationships) Act 1984* (NSW), related to a de facto relationship.

The primary legal issue before the court was whether the Family Court of Australia possessed accrued jurisdiction to entertain an application to set aside the Supreme Court of NSW's Agreement as to Judgment pursuant to section 41 of the *Property (Relationships) Act 1984* (NSW).

Rees J determined that the Family Court of Australia does indeed have accrued jurisdiction to consider whether an Agreement as to Judgment, made in the Supreme Court of NSW concerning a de facto relationship, should be set aside under section 41 of the *Property (Relationships) Act 1984* (NSW). The court declared its jurisdiction to make such a determination.

Consequently, the matter was referred to the registrar for directions.