The law in relation to the setting aside of financial agreements under the Family Law Act 1975 (Cth) has developed significantly in recent years. The High Court decision of Thorne v Kennedy and a number of single judge and appellate Family Court decisions have refined the law in this area and made clearer the circumstances in which financial agreements may be set aside as well as the interaction between the Act and common law and equitable principles. This session aims to provide an update on the development of the law with a view to assisting solicitors practicing in this area to avoid having agreements they are involved in preparing invalidated and to identify when agreements that their clients have entered into might be susceptible to attack. The session also considers some of the procedural issues which can arise in relation to applications to set aside.
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