PEARCE & PEARCE

In *Pearce & Pearce*, Dawe J of the Family Court of Australia considered an application by the wife to set aside consent orders made in 2005 pursuant to s 79A of the *Family Law Act 1975* (Cth). The wife contended that the husband had failed to disclose information concerning negotiations and proposals for the acquisition of a business at the time the consent orders were made, alleging this failure constituted a miscarriage of justice.

The primary legal issue before the court was whether a miscarriage of justice had occurred due to the husband's alleged non-disclosure, which the wife argued would have led her to make further enquiries had she been aware of the relevant matters. The court was also required to re-exercise its discretion regarding a just and equitable property settlement, considering assets acquired and their subsequent increase in value post-separation, alongside contributions made by each party up until separation and thereafter.

Dawe J found that a miscarriage of justice had indeed occurred as a result of the husband's failure to disclose relevant information. The court determined that contributions should be assessed as equal up until the date of separation, but an adjustment was warranted in favour of the husband for contributions made after separation. Consequently, the court varied the 2005 consent orders, ordering the husband to pay the wife a sum of $1,967,000.00 within ninety days, with each party to retain their respective assets and liabilities. The wife's initiating application was otherwise dismissed.