Saintclaire & Saintclaire

In *Saintclaire & Saintclaire*, Ryan J of the Federal Circuit and Family Court of Australia considered an application to set aside an agreement made between the parties on 28 September 2009. The dispute concerned the property settlement of the parties.

The primary legal issue before the court was whether the agreement of 28 September 2009 should be set aside. This required the court to determine if the agreement was vitiated by factors such as fraud, duress, undue influence, or a material misrepresentation, or if it otherwise failed to make proper provision for the parties.

Ryan J determined that the agreement should be set aside. The court ordered that within twenty-one days, each party was to file and serve a minute of the orders they sought for property settlement. Furthermore, the parties were directed to attend a conciliation conference as soon as practicable. Costs were reserved to the subsequent section 79 hearing. The applications filed by Mr Saintclaire and Ms Saintclaire were adjourned with liberty to apply on seven days' notice following the completion of the conciliation conference and the provision of a certificate under section 60I of the *Family Law Act 1975* (Cth).