sutton & sutton and anor

This matter concerned an application by the wife to set aside or appeal previous orders made by the Local Court, and for consequential property adjustment orders. The court was required to determine whether to set aside the previous orders pursuant to s 79A of the *Family Law Act 1975* (Cth) or, in the alternative, grant the wife an extension of time to appeal those orders pursuant to s 96 of the Act. The court also had to consider the appropriate division of property and the provision of spousal maintenance.

Coleman J reasoned that to enliven the jurisdiction of the Family Court, the previous Local Court orders needed to be set aside or appealed. The court determined that the wife was entitled to an extension of time to appeal the Local Court orders, and that the appeal should be allowed, with the previous orders being set aside or discharged. Consequently, the court made extensive orders regarding the division of assets, including the sale of a property and a boat, the allocation of proceeds from these sales, the husband's sole liability for certain debts, and the division of specific company entitlements. The court also ordered the husband to pay interim spousal maintenance to the wife.

The court ordered the dismissal of the wife's application for orders under the *Child Support (Assessment) Act 1989* (Cth), discharged all prior financial orders, and dismissed all outstanding applications and cross-applications, save in relation to costs, which were reserved.