JOHANSON & JOHANSON

In *Johanson & Johanson*, the husband sought a declaration from the court that he and the wife had abandoned their financial agreement dated 24 January 2014 through their subsequent conduct. The wife maintained her rights under the 2014 agreement.

The central legal issue before the court was whether the parties' conduct demonstrated an abandonment of their 2014 financial agreement. The husband also contended that a separate agreement purportedly reached in January 2018 was enforceable.

Cleary J found that the husband's application for relief on the grounds of abandonment had not succeeded. The court reasoned that even if a contract was entered into in January 2018, it would not be enforceable under the *Family Law Act 1975* (Cth) or the equitable jurisdiction of the Supreme Court of Queensland. The court noted that the husband was not complying with the terms of either the 2014 agreement or the asserted 2018 agreement.

Consequently, the husband's application for a declaration of abandonment of the 2014 financial agreement was dismissed. The wife's application and the remaining aspects of the husband's response were referred for reallocation of trial dates.