SPINNER & BADER

In the matter of SPINNER & BADER, the wife sought to vary final property orders made by consent, pursuant to sections 79A(b) and 79A(c) of the *Family Law Act 1975* (Cth). The husband opposed this application. The court, presided over by Macmillan J, noted the matter's lengthy and complicated history, including a prior successful appeal.

The primary legal issue before the court was whether the wife had established the grounds required under section 79A of the Act to justify the variation of the existing property orders. Additionally, the court was required to determine the status of a previously issued warrant for possession of the former matrimonial home, which had been stayed pending the judgment.

Macmillan J found that the wife had failed to establish either of the grounds she relied upon under section 79A. Consequently, her application for variation of the property orders was dismissed. Regarding the warrant for possession, the court extended the existing stay until 31 January 2021, to accommodate the Christmas period. The warrant would then be executed if the wife did not provide the husband with vacant possession of the former matrimonial home by that date.