Greenwood and Greenwood (No 2)

In *Greenwood and Greenwood (No 2)*, the Full Court of the Family Court of Australia considered an appeal by the Husband concerning an application made under section 79A of the *Family Law Act 1975* (Cth). The Wife sought to set aside or vary an earlier property settlement order.

The primary legal issue before the Full Court was whether the Husband's section 79A application was frivolous or vexatious, thereby justifying an order for costs against him. The Court was required to determine if the application lacked any reasonable prospect of success and was brought for an improper purpose or in a manner that was an abuse of process.

Jordan J, delivering the judgment, reasoned that the Husband's application was indeed frivolous and vexatious. His Honour found that the grounds relied upon by the Husband for seeking to set aside the original property settlement were entirely without merit and had no realistic chance of succeeding. The Court applied the principles governing costs in family law proceedings, which allow for costs orders to be made against a party where their application is found to be frivolous or vexatious, reflecting the need for efficient and proper use of court resources.

Consequently, the Court ordered that the Husband pay the Wife’s costs of and incidental to his section 79A application, with the quantum of those costs to be agreed between the parties or, failing agreement, as taxed.