Zhong & Yao

The Court was tasked with determining whether a binding financial agreement entered into by the husband and wife on 10 July 2017 should be set aside. The husband argued that the agreement should be invalidated on several grounds, including that he did not receive independent legal advice, was subject to undue influence and unconscionable conduct, and that the wife failed to disclose assets at the time the agreement was made. Additionally, the husband claimed that the agreement was not provided to him in his native language, which is that of Country B. The wife did not attend the hearing and did not provide any evidence in support of her defence.

The Court considered the evidence provided by the husband, including his affidavit and the documents tendered into evidence. The Court noted that the wife had not attended the hearing and had not provided any evidence in support of her defence. The Court also noted that the husband had not engaged the lawyer who purportedly provided him with independent advice and had not paid the invoice for this advice. The Court considered whether the husband had met the onus of proof to establish that the agreement should be set aside.

The Court found that the husband had not met the onus of proof to establish that the agreement should be set aside. The Court noted that the husband had not provided any evidence to support his claims of undue influence or unconscionable conduct, and that the evidence provided did not establish that the wife had failed to disclose assets. The Court also noted that the husband had not provided any evidence to establish that he had not received independent legal advice, or that the agreement was not provided to him in his native language. The Court found that the husband had not established any of the grounds for setting aside the agreement and that the agreement should not be set aside.

The Court dismissed the husband's application to set aside the binding financial agreement entered into by the parties on 10 July 2017. The Court made no orders as to costs.