Variation and setting aside of orders in special cases
40 Variation and setting aside of orders in special cases
Where a court is satisfied, on the application of a person in respect of whom an order has been made under Division 3 or 5:
that there has been a miscarriage of justice because of fraud, duress, suppression of evidence, the giving of false evidence or any other circumstance; or
that in the circumstances that have arisen since the order was made, it is impracticable for the order or part of the order to be carried out; or
that a person has defaulted in carrying out an obligation imposed on the person by the order and, in the circumstances that have arisen as a result of that default, it is just and equitable to vary the order or to set the order aside and make a substitute order;
the court may vary the order or set the order aside and, if it thinks fit, make a substitute order in accordance with that Division.
An order under Division 5 for maintenance, other than periodic maintenance, may not be varied except in accordance with this section.
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