HARRISON & FOSTER

In the matter of *Harrison & Foster*, the wife sought the summary dismissal of the husband's application under section 79A of the *Family Law Act 1975* (Cth). The court was therefore required to determine whether the husband's application had sufficient merit to proceed to a full hearing or if it should be dismissed at this preliminary stage.

The central legal issue before Judge Terry was whether the husband's section 79A application, which sought to alter a previous property settlement, disclosed a cause of action that could succeed. This involved assessing whether the grounds raised by the husband were capable of establishing the necessary conditions for setting aside an existing property order, such as fraud, duress, or a material change in circumstances.

Judge Terry dismissed the husband's application. The reasons for this dismissal are not detailed in the provided text, but the outcome indicates that the court found the husband's application lacked the necessary legal basis or evidence to warrant further proceedings. Consequently, the respondent husband's application was dismissed, and all other outstanding applications were adjourned for future consideration.