Not so final after all

Date uploaded:
13 Aug 2020

There are a range of ways in which family law final property orders might not be so final after all.

This Zoom session, presented by Emma Swart and Johannes Schmidt, discusses s79A, in particular s79A(1)(a) and (1A), of the Family Law Act 1975 varying and setting aside final orders in relation to property of a marriage (s90SN for de facto relationships).

They then take you to a recent case extending time to apply under s37A to review a Registrar’s decision and how that can be used to set aside final consent property orders.

They start with a brief look at the issues in applying for leave out of time under s44(3) & s44(5), relevant not only to situations where there are no orders at all but also relevant to considerations of delay in bringing an application under s79A or s37A and consider the special rule 16.05 which only applies in the Federal Circuit Court.

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