Property order (section 79)

Property order (section 79)

See How are property issues resolved?

  • When a property order can be set aside (section 79A)

Section 79A of the Family Law Act provides for a property order (including a consent order) to be set aside where “there has been a miscarriage of justice by reason of fraud, duress, suppression of evidence (including failure to disclose relevant information), the giving of false evidence or any other circumstance”.

The section also makes provision for circumstances where:

  • carrying out an order has become impractical;
  • a person is in default and it is just and equitable to vary the order;
  • exceptional circumstances exist relating to a child; and
  • in the case of a proceeds of crime order.

Orders relating to children can be varied at any time but, most often, this would occur only where there has been a significant change in circumstances since the last order.