Walters and Walters

The case of *Walters and Walters* concerned an application by the wife to set aside or vary existing property orders made by Justice Rowlands, pursuant to section 79A of the *Family Law Act 1975* (Cth). The application was heard by Justice Mullane.

The primary legal issue before Justice Mullane was whether the interests of justice required the court to exercise its discretion to set aside or vary the previous orders. This required an assessment of the evidence presented by the wife regarding alleged false evidence given by the husband in the original proceedings, and a consideration of the wife's own conduct and credit.

Justice Mullane found that the wife had not established that the interests of justice warranted setting aside or varying the original orders. His Honour noted that the wife had enjoyed rent-free occupation of the former matrimonial home for a period significantly longer than contemplated by the original judgment. Crucially, the court found that the wife's own credit was severely compromised by extensive evasiveness and admissions of dishonesty during cross-examination. This included evidence suggesting she had fabricated debts, failed to disclose significant assets such as prize-winning dogs and their earnings, and had deliberately misled the court regarding her financial circumstances and business activities. The court also observed that both parties had been responsible for significant delays in the proceedings.

Consequently, the wife's application was refused and dismissed. The applications of each party for costs were adjourned for a separate hearing.