In what form should financial agreements continue to exist in Australian family law in the context of Thorne v Kennedy (2017) 263 CLR 85?

This thesis examines in what form financial agreements should continue to exist in Australian Family Law in the context of the High Court decision in Thorne v Kennedy (2017) 263 CLR 85. A family law financial agreement made pursuant to Pt VIIIA for parties to a marriage and Pt VIIIAB for de facto relationships, of the Family Law Act 1975 (Cth), provides the legislative mechanism for parties to enter into an agreement with respect to the alteration of their property in the event of separation without a court scrutinising the terms. Where a party alleges their genuine consent or judgment has been compromised, an application can be made to the Federal Circuit and Family Court of Australia pursuant to the Family Law Act sections 90K and 90KA. The application seeks the intervention of the common law or equity to overturn the financial agreement in circumstances where there is duress, undue influence or unconscionable conduct. The thesis analyses the historical development of financial agreements in Australia and the implications arising from Thorne v Kennedy on the application of the principles of duress, undue influence and unconscionable conduct. Finally, the thesis proposes a new legislative pathway for financial agreements in light of Thorne v Kennedy through reform of the Family Law Act 1975 (Cth).