Pacek & Saltzer

The case of Pacek & Saltzer involves multiple proceedings between Ms. Pacek and Mr. Saltzer, including applications in the Federal Circuit and Family Court of Australia and cross-vesting of cases in the Supreme Court of Victoria. The main issues revolve around the validity of consent orders made under section 81 of the Family Law Act, and whether Mr. Saltzer's application under section 79A was properly invoked to challenge those orders. The court was required to determine whether the consent orders had finally disposed of the proceedings, and if Mr. Saltzer's allegations of fraud were sufficient to warrant setting aside those orders.

The court held that proceeding #...07 was in its early stages, with a statement of claim served but little else. It was noted that the proceeding was not yet ready for trial, and the consent orders made by Bennett J appeared to have finally disposed of the proceedings. Mr. Saltzer's allegations of fraud were not particularised, and he had not provided sufficient evidence to support his claims. The court found that there was no operative claim on foot that would allow Mr. Saltzer to raise a section 79A allegation at this stage. The court also noted that the doctrine of functus officio, which would prevent the court from revisiting its previous decisions, had not been adequately argued by Mr. Saltzer.

The court ordered that the applications scheduled for 30 September 2024 will be dealt with in accordance with the reasons provided. Costs of all parties for the hearing on 17 September 2024 were reserved. The form of the order is subject to entry in the Court’s records and may be subject to review or variation in accordance with the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).