The respondent father brought a motion to change seeking to set aside a 2012 final order for spousal and child support that was obtained by the applicant mother on an uncontested basis.
The father argued the mother failed to make full and frank disclosure when she proceeded without notice.
The court found that while the mother's disclosure was lacking in some respects, the omissions were not material.
Applying rule 25(19) of the Family Law Rules, the court dismissed the request to set aside the order due to the father's significant and unexplained delay in bringing the motion, the lack of an arguable defence, and the prejudice that setting aside the order would cause to the mother.
