The respondent father brought a motion for summary judgment to set aside Minutes of Settlement, seeking a reduction in s. 7 expenses, disclosure of the applicant's new spouse's financial records, and retroactive repayment of s. 7 expenses already paid.
The respondent argued he signed the Minutes under duress and due to depression, not intending to be bound, and also claimed non-disclosure of the applicant's new partner's finances.
The court dismissed the motion, finding that the respondent failed to demonstrate grounds under s. 56(4) of the Family Law Act to set aside the domestic contract, as the alleged duress did not meet the legal threshold and the non-disclosure claim was precluded by a prior consent order.
