Pascot & Pascot

In *Pascot & Pascot*, heard by Le Poer Trench J, the parties sought to set aside a financial agreement made on 28 March 2001, and also to determine the validity of a superannuation splitting agreement made prior to the 2002 amendments to the *Family Law Act 1975* (Cth). The dispute centred on whether these agreements were binding, with allegations of incorrect legal advice, mistake, undue influence, unconscionable conduct, and a material change in circumstances raised as grounds for setting aside the financial agreement.

The court was required to determine whether a binding financial agreement existed, and if not, whether it should be set aside on the grounds of mistake, undue influence, unconscionable conduct, or a material change in circumstances. Additionally, the court had to consider the validity of the superannuation splitting agreement, given it was made before the introduction of specific provisions for such agreements in the *Family Law Act*.

Le Poer Trench J found that the financial agreement made between the parties on 28 March 2001 was not binding and ordered that it be set aside. The court also ordered that each party file and serve their proposed property settlement orders by the end of January 2012, with the matter to be listed for further directions and a conciliation conference.