Webster & Glover (No. 2)

In *Webster & Glover (No. 2)*, Baumann J of the Family Court of Australia considered an application by Ms Glover concerning property not covered by a binding financial agreement (BFA). Mr Webster, as first applicant, sought declarations regarding the validity and enforcement of the BFA, including orders related to the "Q Management business" and general enforcement as if it were a court order. Ms Glover asserted an interest in Q Pty Ltd that she contended was not covered by the BFA.

The central legal issue before the Court was whether there existed any property or interests not encompassed by the terms of the BFA, which would then allow for further proceedings under s 90SM of the *Family Law Act 1975* (Cth). This involved interpreting the scope and effect of the BFA, particularly clause 17, described as a "catch-all" provision, and determining if it could operate to remove rights to pursue actions in respect of any unaddressed interests.

Baumann J found that the BFA covered all relevant interests. The Court accepted submissions that clause 8 of the BFA related to enforcement rather than enlivening powers under s 90SM. Regarding Ms Glover's asserted interest in Q Pty Ltd, the Court noted the company was in liquidation, with no assets available for distribution to shareholders. Consequently, both Mr Webster (through S Pty Ltd) and Ms Glover (through R Pty Ltd) had suffered losses, rendering further discussion of that entity unproductive. The Court also determined that clause 17, the "catch-all" clause, was not relevant as it could not operate to remove rights to pursue actions under s 90SM if property not covered by the BFA were found to exist, which it was not.

The application by Ms Glover was dismissed. The Court adjourned the proceedings for a case management hearing to pronounce final orders, acknowledging the matter had been on foot for over four years. The parties were invited to agree on the form of final orders consistent with the Court's reasons, and any outstanding applications for costs were to be addressed on the scheduled date.