TENNENT & TENNENT

The parties to this proceeding were Tennent & Tennent, the applicants, and the respondent, whose identity is not specified in the provided text. The dispute concerned an application for an order under section 102 of the *Family Law Act 1975* (Cth) to set aside a financial agreement. The matter came before Foster J in the Federal Circuit and Family Court of Australia.

The primary legal issue before the court was whether the financial agreement in question met the requirements of section 90K of the *Family Law Act 1975* (Cth) for it to be binding. Specifically, the court was required to determine if the agreement had been entered into by the parties in accordance with the provisions of section 90C of the Act, which outlines the conditions for the formation of a valid financial agreement.

Foster J's reasoning focused on the statutory requirements for a financial agreement to be binding. The court considered the provisions of section 90C, which mandates that a financial agreement must be in writing, signed by both parties, and that each party must have received independent legal advice before signing. The court's analysis would have involved scrutinising the evidence presented to ascertain whether these preconditions had been satisfied. If any of these requirements were found to be wanting, the agreement would not be binding under section 90K.

The provided text does not contain information regarding the final orders or outcome of the application.