Gavin and Garden (No. 2)

In *Gavin and Garden (No. 2)*, Bell J of the Family Court of Australia considered an application to set aside a property settlement order made on 5 May 2004. The specific nature of the dispute leading to the original property settlement order is not detailed, but the present proceedings concerned the validity and enforceability of that prior order.

The central legal issue before the Court was whether the existing property settlement order should be set aside. This required the Court to consider the grounds upon which such an order could be rescinded or varied, particularly in light of any new circumstances or evidence that may have arisen since its initial making.

Bell J determined that the Order for property settlement of 5 May 2004 should be set aside. The Court then made further orders, including listing the matter for a Registrar’s Directions Hearing and imposing a prohibition, until further order, on the parties instituting proceedings under the *Family Law Act* for property settlement without leave of a court having jurisdiction under that Act. Any application for leave was to be listed before a Judge in chambers without appearances and, unless otherwise ordered, was not to be served on any other party.