Kraft and Ullrich

This matter concerned an application by the Respondent Wife to set aside or vary a final property settlement order pursuant to section 79A(1) of the *Family Law Act 1975* (Cth). The Husband was the Applicant in the original property settlement proceedings. The dispute before the Court was whether the Respondent Wife had established a ground for relief under section 79A(1).

The Court was required to determine whether the Respondent Wife had established a valid ground under section 79A(1) of the Act to justify setting aside or varying the existing property settlement orders. This involved considering the specific circumstances and evidence presented by the Respondent Wife in support of her claim.

Justice Kent ordered that the issue of whether the Respondent Wife established a ground under section 79A(1) be heard on 24 and 25 July 2012. Directions were given for the filing and service of affidavits by both parties within twenty-one days, with the Husband to file his affidavits within twenty-one days of service of the Wife's affidavits. If the Wife succeeded on the initial hearing, a further hearing for the substantive section 79A application was scheduled for 22, 23 and 24 August 2012. Costs of the hearing were reserved to the trial, and it was certified that it was reasonable for each party to engage counsel.