WHALEN & WHALEN

The case of *Whalen & Whalen* concerned an application to set aside consent orders made on 20 January 2015, which sought to alter the property interests of the parties. The dispute arose due to alleged deficiencies in the drafting of these consent orders, rendering their terms unfulfillable, and a perceived disparity in contributions between the parties. The matter was heard by Judge Young.

The court was required to determine whether the existing consent orders should be set aside. This involved considering the practical impossibility of fulfilling the terms as drafted, the impact of any disparity in contributions on the equitable distribution of assets, and the appropriate approach to child support and the division of the parties' overall asset pool.

Judge Young reasoned that the consent orders were fundamentally flawed and could not be practically implemented as written. The court applied principles of family law concerning the alteration of property interests, particularly where consent orders are found to be unworkable or inequitable. The court's decision to set aside the original orders and substitute new ones reflects an attempt to achieve a just and equitable outcome, addressing the identified deficiencies and ensuring a more practical and fair division of the parties' assets and liabilities.

The court ordered that the original consent orders be set aside. The husband was directed to pay the wife $261,838 and to discharge her liability for specific bank loans within 30 days. Simultaneously, the wife was to transfer her interest in Property A to the husband at his expense. The orders further detailed a complex mechanism for the sale of Property B, including specific listing prices, agent appointments, and auction procedures, with the net proceeds to be distributed in a defined priority. In the event of insufficient proceeds from Property B, Property A was also to be sold under specified terms. The orders also clarified the parties' respective entitlements and responsibilities regarding other assets, including Business 1, various properties, chattels, bank accounts, and superannuation interests.