Pease and Hatch

In *Pease and Hatch*, the Applicant sought to set aside orders made in the Local Court at Armidale on 22 December 2009. The proceedings concerned the determination of the Applicant's application for orders pursuant to section 79 of the *Family Law Act 1975* (Cth).

The primary legal issue before the court was whether the Local Court orders, made in circumstances where the Applicant was unrepresented and had not been afforded an opportunity to present her case, should be set aside. This involved considering the principles of procedural fairness and the court's power to vary or set aside its own orders.

The court reasoned that the Local Court orders were made in breach of procedural fairness, as the Applicant was not given a proper opportunity to be heard. Consequently, the court exercised its discretion to set aside the Local Court orders. The proceedings were then listed for direction to allow for the determination of the Applicant's application under section 79 of the *Family Law Act*.