Phillips and Phillips

In *Phillips and Phillips*, heard by Barry J, the parties sought orders concerning the disclosure of documents and the progression of proceedings related to an application to set aside consent orders and a financial agreement. The dispute centred on the wife's claim under section 79A of the *Family Law Act 1975* (Cth) to set aside these prior arrangements.

The court was required to determine the extent of disclosure necessary for the wife to particularise her section 79A application, and to establish a timetable for this disclosure and subsequent pleadings. The court also considered the wife's liability for the husband's costs incurred on specific dates.

Barry J made orders by consent, directing the husband's legal representatives to provide the wife's legal representatives with specified documents within seven days, with certain financial statements to be for the five years preceding 31 January 2002. Leave was granted to the wife's legal representatives to issue subpoenas by 7 March 2008, returnable by 28 March 2008, and both parties were granted leave to inspect material returned pursuant to these subpoenas. Within twenty-one days of inspection, the wife was to file and serve full particulars of her section 79A claim. The husband was relieved from compliance with the Family Court Rules regarding filing further material until the wife complied with this order. Leave was given to either party to apply for the matter to be relisted before Barry J once the wife's particulars were supplied. Finally, the wife was ordered to pay the husband's costs of and incidental to specific dates, with payment stayed until the resolution of the section 79A application.