The applicant brought a motion to set aside an order that had varied a prior spousal support judgment by terminating support and eliminating arrears after an uncontested hearing.
Although the court found the applicant had been personally served with the motion to vary, it accepted her explanation that she did not attend due to confusion arising from multiple related proceedings, including enforcement proceedings through the Family Responsibility Office and a prior motion to vary requiring financial disclosure.
The court noted the applicant was self-represented, suffered from medical issues, and had been told during related proceedings that she would be re-served.
In these circumstances, the explanation for non-attendance was satisfactory under the Family Law Rules.
The order terminating support and arrears was set aside so the matter could be determined on the merits.
