Queensland Consolidated Acts

PROPERTY LAW ACT 1974 - SECT 334

334 Variation and setting aside of orders

(1) On the application of a person in relation to whom an order has been made under this part, a court may vary the order if satisfied—

(a) there has been a miscarriage of justice because of fraud, duress, suppression of evidence, the giving of false evidence, failing to disclose matters as required by this part or another circumstance; or

(b) because of 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

(c) a person has defaulted in carrying out an obligation imposed on the person by the order and, because of circumstances that have arisen because of the default, it is just and equitable to vary the order; or

(d) a child of the de facto partners (or the applicant if the applicant has the care of a child of the de facto partners) will suffer hardship if the court does not vary the order because of circumstances of an exceptional nature relating to the welfare of the child that have arisen since the order was made.

Note—

See also the Uniform Civil Procedure Rules 1999 , rule 667 .

(2) In this section—

"vary" includes—

(a) set aside; and

(b) set aside and substitute another.