OSD Presents…Handy Hints (20)
When financial orders are made by the Family Court on a final basis, an individual can only apply to vary or set aside them if they can show:
1. There been a miscarriage of justice by reason of fraud, duress, suppression of evidence, the giving of false evidence or any other circumstances.
2. Circumstances have arisen which make it impracticable for part or all of the orders to be carried out.
3. A party has defaulted in carrying out an obligation imposed by the order and, as a result, it is just and equitable to vary/set aside and make another order in substitution.
4. Circumstances of an exceptional nature relating to the care, welfare and development of a child have arisen.
5. A proceeds of crime order has been made covering property of a party to the marriage.
However, it is important to note that the Family Court will only exercise its power to set aside or vary orders if it considers it appropriate to do so. The general principle under pinning thise is that if it becomes too easy to succeed in an application to set aside or vary orders, it would enable and encourage parties to apply to set aside orders opportunistically.
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Family law matters can be difficult and complex. If you require any assistance with a family law dispute, always contact a legal practitioner who will be able to help.
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