Simpson and Simpson (No 2)

The Full Court of the Family Court of Australia considered an application by a husband seeking to set aside an earlier consent order made in family law proceedings. The wife sought to uphold the original consent order.

The primary legal issue before the Court was whether the husband had established grounds to set aside the consent order, specifically concerning allegations of duress and undue influence in its procurement. The Court also had to consider the principles governing the setting aside of consent orders in family law matters, particularly in light of the finality generally afforded to such orders.

Forrest J, applying established principles, found that the husband had failed to demonstrate the necessary elements of duress or undue influence to justify setting aside the consent order. The Court emphasised that consent orders, representing a compromise between parties, are to be treated with a degree of finality and require compelling evidence to be overturned. The husband's evidence was not considered sufficient to meet this high threshold.

Consequently, the husband's application to set aside the consent order was dismissed. The husband was also ordered to pay the wife's costs of and incidental to the dismissed application.