Not So Final After All

Date uploaded:
10 Feb 2021

There are a range of ways in which family law final property orders might not be so final after all. Emma Swart and Johannes Schmidt discuss section 79A, in particular section 79A sub-section 1a and sub-section 1A of the Family Law Act 1975 varying and setting aside final orders in relation to property of a marriage (section 90SN for de facto relationships).

They then take you to a recent case extending time to apply under section 37A 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 section 44 sub-section 3 and section 44 sub-section 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 section 79A or section 37A and consider the special rule 16.05 which only applies in the Federal Circuit Court.