Monday, 25 May 2009

Family Court: failure to particularise s.79A application

In the recent Family Court case of Phillips and Phillips, the wife failed to give full particulars of her applications to set aside earlier consent orders and to set aside a binding financial agreement entered into between the parties.

The husband applied, alternatively, for summary dismissal of the wife's application or for her to provide proper particulars of her claim.

Justice Barry determined that the wife had not provided proper particulars, and adjourned the matter to enable the wife to provide proper particulars.

The case is a useful one detailing what were insufficient particulars on an application to set aside.

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