Porter and Porter and Ors (No 2)

In *Porter and Porter and Ors (No 2)*, Watts J of the Family Court of Australia considered an application by the fifth respondent to set aside a property settlement order made on 20 June 2014. The application was brought under section 79A(1)(a) of the *Family Law Act 1975* (Cth) and, in the alternative, under the court's implied jurisdiction.

The primary legal issue before the court was whether the grounds advanced by the fifth respondent justified setting aside the existing property settlement order. This involved an assessment of whether there were circumstances that warranted the court exercising its power to vary or set aside an order under section 79A of the Act, or its inherent jurisdiction.

Watts J dismissed the fifth respondent's application to set aside the property settlement order. The court also extended the time for the fifth respondent to file any appeal against this dismissal, setting the new deadline at 28 days after any determination or discontinuance of a separate application by the fifth respondent to set aside the same order, but pursuant to section 79A(1)(b) of the Act. The matter was then adjourned for a procedural mention.