Guild & Stasiuk

In the matter of Guild & Stasiuk, the Honourable Justice Wilson of the Family Court of Australia considered the validity of a financial agreement made between the applicant wife and the respondent husband. The wife sought to set aside the agreement, alleging it was invalid due to defects in its wording and the husband's failure to fully disclose his financial circumstances.

The court was required to determine several legal issues, including whether the agreement was void for uncertainty, whether it was vitiated by undue influence or unconscionable conduct, and whether it was rendered void or voidable under section 90K(1)(d) of the *Family Law Act 1975* (Cth). The court also considered the doctrines of frustration of contract, estoppel, and the meaning of "impracticable" under section 90K(1)(c) of the Act, as well as the existence of implied terms within the agreement.

Justice Wilson found that clause 3 of the agreement was void for uncertainty. Furthermore, the court determined that the wife's will to enter into the agreement had been overborne by the husband, constituting undue influence, and that the wife had stood in a position of special disadvantage, leading to unconscionable conduct. The court also found that the statutory ground under section 90K(1)(d) of the *Family Law Act* was established.

Consequently, the court ordered that the financial agreement be set aside. The respondent's application for orders under sections 90B and 90KA of the *Family Law Act* was dismissed. The court then made directions regarding the potential for further litigation before another judge or the continuation of proceedings before Justice Wilson, with the matter to proceed as a property alteration case under section 79 of the *Family Law Act*.