WAKELEY & WAKELEY

This matter concerned an application by the wife to set aside consent orders made in 1998 regarding property adjustment following the breakdown of her marriage to the husband. The dispute involved the wife's claim that she had gifted her siblings their shares in her parents' property, which she subsequently purchased, and the husband's bankruptcy during the relationship. The court was required to determine whether the original consent orders should be set aside and to make new property adjustment orders.

The court was tasked with determining the validity of the original consent orders under section 79A(1) of the Family Law Act 1975, considering whether the wife's acquisition of her siblings' interests in her parents' property constituted a gift or a purchase, and how this, along with the husband's bankruptcy, impacted the equitable distribution of the parties' assets. The court also had to address issues concerning the weight to be given to affidavits that were substantially identical and prepared by a party involved in the proceedings.

The court found that the wife had indeed paid her siblings for their respective shares of the parents' property, thereby acquiring full ownership. The court ultimately set aside the 1998 consent orders and made new orders, providing the wife with 62% of the net asset pool and the husband with 38%. This decision was subsequently subject to an addendum to correct clerical mistakes and errors arising from accidental slips or omissions in the original reasons for judgment, pursuant to rule 17.02A of the Family Law Rules 2004 (Cth). The addendum clarified specific paragraphs and amended certain orders to ensure consistency with the court's findings and reasoning.