Phillips and Phillips

In *Phillips and Phillips*, heard before Barry J, the wife sought to set aside consent orders and a binding financial agreement made between the parties. The dispute centred on allegations that the husband had failed to disclose certain assets and had made misrepresentations regarding the value of property, leading to the wife entering into the consent orders and financial agreement under a mistaken belief about the true value of the matrimonial property pool.

The primary legal issues before the court were whether the consent orders and binding financial agreement should be set aside on the grounds of non-disclosure, misrepresentation, or unconscionable conduct. Specifically, the court was required to determine if the wife had established a sufficient basis to revisit the finality of the property settlement reached by the parties.

Barry J ordered that the matter be adjourned for further hearing. Crucially, the wife was directed to file and serve detailed particulars by 30 June 2009. These particulars were to comprehensively outline her assertions regarding the net value of the property pool at the time the consent orders were made, including the specific items of property and liabilities she claimed were undervalued or undisclosed, the basis for disputing the values in the existing orders and agreement, and any alleged misrepresentations or unconscionable conduct by the husband.