Tuppence and Tuppence

The Full Court of the Family Court of Australia considered an appeal by the Tuppences concerning property settlement orders made on 22 March 2006. The dispute centred on whether those original orders should be set aside.

The primary legal issue before the Full Court was whether the conditions for setting aside the original property settlement orders, pursuant to section 79A(1)(a) and (b) of the *Family Law Act 1975* (Cth), had been met. Section 79A(1)(a) allows for setting aside orders where there has been a miscarriage of justice by reason of fraud, duress, or material non-disclosure. Section 79A(1)(b) permits setting aside where it would be impracticable for the respondent to comply with the order or where a person has failed to comply with the order.

The Full Court found that there had been a miscarriage of justice due to material non-disclosure by one of the parties, which satisfied the criteria under section 79A(1)(a). Consequently, the Court ordered that the original property settlement orders of 22 March 2006 be set aside. The Court further ordered that each party retain all property currently in their possession, custody, or control, to the exclusion of the other. The remaining applications and responses were dismissed.