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Definition of "Material Change"

Change of Circumstances and Rice and Asplund is not well understood in getting a matter back before the courts. Some explanatory texts that may assist practitioners and SRL's

Change of Circumstances and the use of case law, Rice and Asplund, is not well understood in getting a matter back before the courts. Some explanatory texts that may assist practitioners and SRL's is attached.

I picked out this particular section that gives some guidance when filing and updating practice directions.

It covers s90k(1)(d) and 90UM(1)(g) which provides for grounds to set aside a financial or termination agreement.

Importantly, please also refer to the definition as provided by case law (Cases given) in relation to the meaning of "material" and what "Material Change" means and is to be understood to mean.

Attachment
Chnage of Circumstances - Definition of Material Change


Executive Secretary - Shared Parenting Council of Australia
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