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Can property orders be changed?

The Court can change property orders if there has been a miscarriage of justice by reason of fraud, duress, false evidence, suppression of evidence, or other circumstances.

Property orders can also be changed if it is impractical for the orders to be carried out; if one person has defaulted in carrying out the terms of the order; or if circumstances concerning the children's welfare have changed and this is causing hardship to the children or the person looking after them [Family Law Act 1975 (Cth) s 79A].

Transactions which have been entered into to defeat claims under the Act can be set aside.

Can property orders be changed?  :  Last Revised: Fri May 30th 2014
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.