TAHEMA & TAHEMA (No.2)

In *TAHEMA & TAHEMA (No.2)*, the wife applied to Newbrun J of the Federal Circuit Court of Australia seeking to set aside property orders that had been made in her absence.

The central legal issue before the Court was whether the wife had established sufficient grounds to justify setting aside the previously made property orders pursuant to Rule 16.05 of the *Federal Circuit Court Rules 2001*. This rule permits the setting aside of judgments or orders in certain circumstances, including where a party has not been present at the hearing at which the orders were made.

Newbrun J considered the wife's explanation for her absence from the hearing and the merits of her application to set aside the orders. The Court applied the principles governing applications to set aside orders made in a party's absence, which typically involve demonstrating a meritorious defence or a substantial reason for the absence, and that the application is brought promptly. The Court's reasoning focused on whether the wife had provided a satisfactory explanation for her failure to attend the hearing and whether it was in the interests of justice to grant her application.

The Court ultimately made orders in relation to the wife's application.