Porter and Porter & Ors (No. 2)

The case of *Porter and Porter & Ors (No. 2)* involved an application to set aside previous property settlement and spousal maintenance orders, as well as a binding financial agreement. The primary dispute concerned the division of assets and ongoing financial support obligations between the parties, with the court also addressing issues related to child support and the administration of various trusts and companies.

The court was required to determine whether to set aside the existing property settlement order made on 20 June 2014 and varied on 3 March 2015, pursuant to section 79A(1)(b) of the *Family Law Act 1975* (Cth). Additionally, the court had to consider setting aside a binding financial agreement made on 23 June 2014 under section 136(1) of the *Child Support (Assessment) Act*, and discharging a spousal maintenance order made on 20 June 2014 under section 83(1) of the *Family Law Act 1975*. The court also had to make new orders for property settlement under section 79 of the *Family Law Act 1975*, and address the discharge of arrears under prior orders and agreements.

Watts J ordered that the previous property settlement order, binding financial agreement, and spousal maintenance order be set aside. Arrears under prior orders and agreements were discharged. New property settlement orders were made, including provisions for the wife to pay a sum to the Trustees and discharge a mortgage on the Suburb E property, or alternatively, for the sale of the property with proceeds distributed in specified proportions. The orders also directed the transfer of interests in various trusts and companies to the wife, a division of superannuation interests, and a transfer of shares in BB 2 Pty Ltd. The wife was to receive monies from a controlled monies account and assume responsibility for certain tax liabilities. The husband was ordered to pay periodic child support during his bankruptcy and upon discharge, with specific provisions for private school fees and other child-related expenses. The husband's application to discharge the spousal maintenance order was dismissed.