Last updated 21 November 2016
A property order made under s 79 of the Family Law Act 1975 (Cth) may be varied or set aside if the court is satisfied that:
- there has been a miscarriage of justice by reason of fraud, duress, suppression of evidence, the giving of false evidence or any other circumstance at the time the order was made
- in the circumstances that have arisen since the order or part of the order was made, it is impracticable for the order to be carried out
- a person has defaulted in carrying out an obligation imposed on them by the order and, in the circumstances that have arisen as a result of that default, it is just and equitable to vary the order or to set the order aside and make another order in substitution.
Even if the court finds a ground is established, it may refuse to exercise its discretion to set aside an order.
An order may also be varied or set aside with the consent of all the parties to the proceedings in which the order was made.