Wah and Golay

The proceeding concerned an application by the wife to set aside an agreement entered into by the parties on 14 March 2003. The husband sought to uphold the agreement. The matter came before Rees J in the Family Court of Australia.

The central legal issue before the Court was whether the agreement of 14 March 2003 should be set aside. This required the Court to consider the circumstances surrounding the formation of the agreement and whether it ought to be treated as void or voidable due to factors such as misrepresentation, non-disclosure, or undue influence.

Rees J determined that the agreement should be set aside. The Court found that the wife had not been afforded adequate disclosure of the husband's financial position at the time the agreement was made, and that this non-disclosure was material to her decision to enter into the agreement. Consequently, the Court concluded that the agreement did not represent a proper or fair resolution of the parties' financial matters. The Court ordered that the agreement be set aside and made consequential orders regarding the division of property and payment of a sum by the husband to the wife.