SPRING & SPRING

In *Spring & Spring*, the Family Court of Australia considered an application by the Husband to set aside final property orders made in previous proceedings. The Wife sought to enforce those same orders. The Husband alleged that the final orders should be set aside due to a miscarriage of justice, specifically by reason of fraud perpetrated by a non-party.

The central legal issue before the Court was whether the Husband had established a sufficient basis to set aside the existing property orders under section 79A of the *Family Law Act 1975* (Cth) on the grounds of fraud by a third party, thereby justifying a summary dismissal of his application.

Judge Riethmuller dismissed the Husband's application to set aside the property orders. The Court found that the Husband had not presented sufficient evidence to demonstrate that the alleged fraud by the non-party had occurred or, if it had, that it had caused a miscarriage of justice in the making of the original orders. Consequently, the threshold for setting aside final orders on this basis was not met.

The Husband's application was dismissed, and the Wife's application for enforcement was listed for a further hearing.