Westacott and Dunwoody (No. 3)

The Full Court of the Family Court of Australia, constituted by Foster J, considered a dispute between a wife and a husband concerning the enforceability of a termination agreement. The wife sought to have this agreement declared binding between the parties.

The central legal issue before the court was whether the termination agreement, entered into by the parties, was valid and binding. This required an examination of the circumstances surrounding its execution and its compliance with relevant legal requirements for such agreements.

Foster J determined that the termination agreement was indeed binding. The court's reasoning, though not detailed in the provided text, led to the conclusion that the wife was liable for the husband's costs associated with the proceedings. The court ordered that the wife pay the husband's costs, to be agreed upon or assessed within one month of the order, and paid within a further month.