MORSE & MORSE

In *Morse & Morse*, the husband sought to have a final order made in family law proceedings set aside. The wife opposed this application. The matter came before Le Poer Trench J in the Family Court of Australia.

The primary legal issue before the court was whether the husband had established sufficient grounds to justify setting aside the final orders previously made. This involved an examination of the relevant provisions of the *Family Law Act 1975* (Cth) and the principles governing the setting aside of consent orders, particularly concerning allegations of non-disclosure and misrepresentation.

Le Poer Trench J dismissed the husband's application. The court found that the husband had not discharged the onus of proof required to set aside the final orders. The reasoning focused on the lack of evidence presented by the husband to substantiate his claims of material non-disclosure or misrepresentation by the wife at the time the consent orders were made. The court applied the established legal principles that consent orders are generally final and binding, and can only be set aside in limited circumstances, such as where there has been fraud, duress, or a fundamental mistake. The court concluded that these circumstances were not met on the facts before it.