Piper and Mueller

In *Piper and Mueller*, the applicant sought to set aside a financial agreement, arguing it was not a binding financial agreement under the *Family Law Act 1975* (Cth). The respondent contended the agreement was valid and binding. The matter came before Judge Willis.

The primary legal issues before the Court were whether the agreement constituted a "Part VIIIAB financial agreement" and, consequently, whether it was a binding financial agreement under section 90UJ of the *Family Law Act 1975*. The Court was also required to determine if the grounds for setting aside the agreement, as pleaded by the applicant under sections 90UM(1)(e) and 90UM(1)(h), were made out.

Judge Willis found that the agreement met the requirements of a Part VIIIAB financial agreement and was therefore a binding financial agreement under section 90UJ. The Court dismissed the application to set aside the agreement, finding that the grounds relied upon by the applicant were not established. The Court made declarations to this effect and addressed the potential for costs applications and the dismissal of the underlying application.