The two limbs of s 222(1) of the Family Court Act 1997 (WA) — intention to defeat an order, and likelihood of defeating an order irrespective of intention — are independent, alternative bases for enlivening the power to set aside dispositions; establishing one limb is sufficient without needing to establish the other. Orders setting aside contributions to a self-managed superannuation fund that reallocate contributions between members' accounts do not contravene s 62 of the Superannuation Industry (Supervision) Act 1993 (Cth) or reg 5.08 of the Superannuation Industry (Supervision) Regulations 1994 (Cth). A party to proceedings cannot raise on appeal a procedural fairness complaint regarding the non-joinder of a third party where the third party itself has not sought to set aside the orders.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.