Jeeves and Jeeves

Case

[2008] FamCA 277

27 March 2008


Details
AGLC Case Decision Date
Jeeves and Jeeves [2008] FamCA 277 [2008] FamCA 277 27 March 2008

CaseChat Overview and Summary

In *Jeeves and Jeeves*, heard by Justice Cronin, the wife sought to vary or set aside orders made on 11 December 2003, alleging a miscarriage of justice due to the suppression of evidence, including non-disclosure and false evidence. She also sought to set aside a financial agreement pursuant to s 90K of the *Family Law Act 1975*, on the grounds of fraud, specifically non-disclosure of a material matter, and unconscionable conduct.

The court was required to determine whether a miscarriage of justice had occurred, warranting the variation or setting aside of previous orders. Additionally, the court had to consider whether the financial agreement should be set aside due to fraud or unconscionable conduct.

Justice Cronin ordered that there be a separate hearing for the issues raised by the wife concerning the alleged miscarriage of justice and the validity of the financial agreement. The husband was directed to file a financial statement and provide specific documents relating to legal costs, the acquisition of farming land, the extension of a quarry lease, and financial statements of associated entities. All other interim applications were dismissed, and the substantive proceedings were referred to Registrar Kaur for management and directions for a final hearing.
Details

Areas of Law

  • Family Law

  • Civil Procedure

  • Contract Law

Legal Concepts

  • Appeal

  • Remedies

  • Discovery

  • Procedural Fairness

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Cases Citing This Decision

1

Spender and Spender [2011] FamCA 499
Cases Cited

0

Statutory Material Cited

2