Dunnett and Dunnett

In *Dunnett and Dunnett*, Hogan J of the Federal Circuit Court of Australia considered an application by Ms Dunnett seeking to set aside final property orders made in 2008. The application was brought pursuant to section 79A of the *Family Law Act 1975* (Cth). Mr Dunnett opposed the application.

The central legal issue before the court was whether Ms Dunnett had established sufficient grounds to justify setting aside the existing final property orders under section 79A of the Act. This section permits the court to vary or set aside orders where there has been a miscarriage of justice due to fraud, duress, suppression of evidence, or failure to disclose material matters, or by reason of other circumstances.

Hogan J found that Ms Dunnett had failed to demonstrate any of the grounds required by section 79A. The court was not satisfied that there had been fraud, duress, or any other vitiating factor that would lead to a miscarriage of justice. Consequently, the court dismissed Ms Dunnett's application.

In light of the repeated nature of Ms Dunnett's applications and the lack of merit in the present one, Hogan J made orders restraining Ms Dunnett from filing any further applications seeking orders under section 79A without first obtaining leave of the court, pursuant to section 118 of the *Family Law Act 1975* (Cth). Ms Dunnett was also ordered to pay Mr Dunnett's costs fixed at $1,000.00.