Wao and Chou (No. 2)

In *Wao and Chou (No. 2)*, McClelland J of the Family Court of Australia considered a dispute between a husband and wife concerning the enforceability of a financial agreement and the husband's subsequent application to withdraw a caveat. The wife sought to uphold the validity of a financial agreement made under section 90C of the *Family Law Act 1975* (Cth), while the husband had filed an application that was subsequently dismissed.

The primary legal issue before the court was whether the financial agreement dated 16 March 2012 was a binding financial agreement within the meaning of the Act. A related issue concerned the husband's application filed on 3 October 2017, which the court was required to determine.

McClelland J declared the financial agreement to be a binding financial agreement pursuant to section 90C of the Act. Consequently, the husband's application filed on 3 October 2017 was dismissed. The court also made orders by consent regarding the withdrawal of a caveat registered by the husband over a property. These orders stipulated that the husband must sign all necessary documents to deliver a Withdrawal of Caveat to the wife's solicitor within 14 days. In the event of the husband's failure to comply, a Registrar of the Family Court was appointed to execute the Withdrawal of Caveat in the husband's name. Liberty to apply in respect to costs was granted to the parties.