Imbardelli and Imbardelli (No. 2)

In *Imbardelli and Imbardelli (No. 2)*, the Honourable Justice Macmillan of the Federal Circuit Court of Australia considered an application to set aside final property orders made by consent on 30 June 2010. The wife sought to have these orders rescinded.

The central legal issue before the court was whether the circumstances warranted setting aside the previously made final property orders pursuant to section 79A of the *Family Law Act 1975* (Cth). This section allows for the variation or setting aside of property orders in specific situations, such as where there has been a miscarriage of justice due to fraud, duress, or material non-disclosure.

Justice Macmillan determined that the final property orders should be set aside. While the specific reasoning for this decision is not detailed in the provided extract, the outcome indicates that the court found sufficient grounds under section 79A to interfere with the consent orders. The court also noted that it would recuse itself from further proceedings.

Consequently, the court ordered that the final property orders made by consent on 30 June 2010 be set aside. The wife's Amended Initiating Application was listed for further directions, and the judge recused themselves from the proceedings.