Phillips and Phillips (No. 2)

In *Phillips and Phillips (No. 2)*, Barry J of the Family Court of Australia considered an application by the wife to set aside consent orders made on 31 January 2002 and a Binding Financial Agreement also dated 31 January 2002, pursuant to section 79A of the *Family Law Act 1975* (Cth) and section 90K of the *Family Law Act 1975* (Cth) respectively.

The primary legal issues before the court were the wife's entitlement to set aside the consent orders and the Binding Financial Agreement, and the procedural steps required to advance these claims. The court also had to determine the appropriate orders regarding the inspection of subpoenaed documents and the filing of further particulars of the wife's claim.

Barry J ordered that all parties be granted leave to inspect the subpoenaed documents within twenty-one days. Following this inspection, the wife's legal representatives were also required to file and serve full particulars of her claim to set aside the consent orders and the Binding Financial Agreement within twenty-one days. The husband was relieved from complying with the Family Court Rules regarding the filing of further material until the wife complied with this order. Leave was granted to all parties to apply to a Registrar for the relisting of the matter, and costs were reserved.