Dang & Tok

In the matter of *Dang & Tok*, heard before Watts J, the husband sought to set aside existing orders pursuant to s 79A of the *Family Law Act 1975* (Cth). The wife opposed this application.

The central legal issue before the court was whether the husband's application to set aside the previous orders had sufficient merit to proceed to a full hearing, or if it should be summarily dismissed. The court was also required to determine the appropriate orders regarding costs.

Watts J considered the husband's application and found it lacked a sufficient evidentiary basis to warrant further consideration. The judge applied the principles of summary dismissal, determining that the application was without merit and an abuse of process. Consequently, the court ordered the husband's application to be summarily dismissed.

The court further ordered that the husband pay the wife's costs of the dismissed application on a party/party basis. However, the husband was granted a limited window of 21 days to seek leave to set aside these orders, provided he did so at his own risk as to costs.