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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5422
Experience:  Dip Law LPAB - Sydney based lawyer
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A judgement by the full bench of the Australian Family Court

Customer Question

A judgement by the full bench of the Australian Family Court , and upon my lodgement of appeal that there was a lack of procedural fairness in a WA Family Court Trial for property settlement and
a. ordered a retrial
b orders that the orders for property settlement of the day be SET ASIDE.NOw focus on the phrase :set aside all of the orders of the day, and my understanding of that for you to answer is expressed to you as:The said orders are null and void or simply put "dead in the water" True / false.
It means that at retrial we start as if we were back to the period before the date of the Hearing which was the centre of the appeal.
land Property assigned at the offending trial to my ex wife , transferred to her name in land title , no longer belongs to her due to the fact that the Supporting order has been put aside.
Submitted: 2 years ago.
Category: Australia Law
Expert:  Patrick H. replied 2 years ago.
Hello and thank you for your question.
If the court has ordered a retrial and that all the previous orders are set aside, then it means the previous orders are no longer valid (i.e. are dead in the water using your terminology) and the issues with which the orders dealt, including the cost orders can be dealt with anew in the retrial.
However, if some or all of the orders have already been implemented and particularly if property has already been transferred to your wife, then setting aside the orders does not of itself undo any such action. In such circumstances you should have also sought orders that they property be returned to its initial status. If that is your situation then you should raise the issue with the court at your next appearance.
Also, if you have concerns that your ex may now dispose of the property or you wish to prevent her selling it, then I would strongly suggest you ensure a lawyer urgently reviews your situation in detail so that appropriate action can be taken to prevent the property being disposed of prior to the retrial.
Finally, having a lawyer assist in resolving this matter will minimise the risk of multiple stamp duty liabilities arising out of multiple transfers of the property backwards and forwards.
I trust the above assists your understanding.
Please rate my answer.
Expert:  Patrick H. replied 2 years ago.
I note you have read my answer but not rated it.
Please rate my answer so I can be paid for my time and effort out of the funds you previously deposited.
If you were unhappy with some aspect of my answer or have a follow up question please ask and I will attempt to assist you further, otherwise please rate my answer.