Webster and Anor and Glover and Anor (No.2)

In *Webster and Anor and Glover and Anor (No.2)*, Judge Jarrett of the Federal Circuit Court of Australia was required to make orders giving effect to previous reasons delivered on 16 November 2018. The proceedings concerned a dispute between the parties, the precise nature of which is not detailed in the provided text, but which involved the court's prior findings.

The central legal issue before the court was how to give effect to its earlier decision, particularly in relation to the requirements of section 90G of the *Family Law Act 1975* (Cth) concerning financial agreements. This involved considering the evidentiary weight of certificates provided by legal practitioners and the onus of proof in establishing compliance with the legal advice provisions of the Act.

Judge Jarrett's reasoning, as evidenced by the reference to *Wallace & Stelzer* and *Hoult v Hoult*, focused on the principle that a certificate of legal advice, when read in conjunction with a recital in the financial agreement, creates a prima facie case of compliance with section 90G(1)(b). The onus then shifts to the party challenging the agreement to adduce evidence that casts doubt on the provision of such advice. The court emphasised that the inquiry is whether advice was given, not the specific content of that advice, and that a certificate can provide a sufficient evidentiary foundation for this finding.

The court ordered that within 21 days, the parties were to bring in an agreed form of declaration to give effect to the court's reasons of 16 November 2018, along with any other agreed orders or declarations, and agreed directions for the further conduct of the proceedings. All other outstanding applications were adjourned pending the receipt of these agreed documents.