DESCAS & DESCAS (NO.2)

In the Family Court of Australia, the case of Descas & Descas involved a dispute between the husband and wife regarding property settlement following their divorce. The wife sought further orders for property settlement, arguing that the initial settlement was unfair. The court was tasked with determining whether the original property settlement should be altered in light of the wife's application.

The central legal issue before the court was whether the original property settlement, which had been approved in a previous case, should be reconsidered. The court needed to assess the fairness of the initial settlement in light of new information and arguments presented by the wife. This involved evaluating the evidence regarding the financial situation of both parties and the contributions each had made to the marriage. Additionally, the court had to consider whether the wife had provided sufficient grounds for the settlement to be revisited.

The court found that the wife had not provided adequate justification for the original settlement to be altered. It was noted that the initial settlement had been made after careful consideration of the evidence and circumstances at that time. The court held that there had been no significant change in circumstances or new evidence that warranted a re-evaluation of the settlement. Consequently, the wife's application for further orders was dismissed. The court ordered that the husband was to pay the wife's costs of the application, fixed at $5,500, to be paid by 30 May 2013.