Document ID: chunk:federal_register_of_legislation:C2008A00115:clause:1_90sn:p1
Version: federal_register_of_legislation:C2008A00115
Segment Type: clause
Provision Reference: sch 1 cl 90SN (pt 1/3)
Character Range: 82228–84782

90SN  Varying and setting aside orders altering property interests

 (1) If, on application by a person affected by an order made by a court under section 90SM in property settlement proceedings, the court is satisfied that:
 (a) 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; or
 (b) in the circumstances that have arisen since the order was made it is impracticable for the order to be carried out or impracticable for a part of the order to be carried out; or
 (c) a person has defaulted in carrying out an obligation imposed on the person 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 for the order; or
 (d) in the circumstances that have arisen since the making of the order, being circumstances of an exceptional nature relating to the care, welfare and development of a child of the de facto relationship, the child or, where the applicant has caring responsibility for the child (as defined in subsection (3)), the applicant, will suffer hardship if the court does not vary the order or set the order aside and make another order in substitution for the order; or
 (e) a proceeds of crime order has been made covering property of the parties to the de facto relationship or either of them, or a proceeds of crime order has been made against a party to the de facto relationship;
the court may, in its discretion, vary the order or set the order aside and, if it considers appropriate, make another order under section 90SM in substitution for the order so set aside.

Note: For child of a de facto relationship, see section 90RB.

 (2) A court may, on application by a person affected by an order made by a court under section 90SM in property settlement proceedings, and with the consent of all the parties to the proceedings in which the order was made, vary the order or set the order aside and, if it considers appropriate, make another order under section 90SM in substitution for the order so set aside.

 (3) For the purposes of paragraph (1)(d), a person has caring responsibility for a child if:
 (a) the person is a parent of the child with whom the child lives; or
 (b) a parenting order provides that:
 (i) the child is to live with the person; or
 (ii) the person has parental responsibility for the child.

 (4) An order varied or