Updated Wednesday, 4 February 2026
Fraud—intentional deception depriving a victim of a legal right or to gain from a victim unlawfully or unfairly. Fraud can violate civil law or criminal law. Extrinsic fraud in Australia refers to dishonest, fraudulent conduct that occurs outside of the actual legal proceedings or contract negotiations, but which prevents a party from fully presenting their case or fair participation. It is distinct from "intrinsic fraud" (such as perjury or forged documents produced during a trial) because it is designed to prevent a party from even having their day in court. Extrinsic fraud is fraud that induces one not to present a case in court or deprives one of the opportunity to be heard or is not involved in the actual issues. Extrinsic fraud often involves fraud on the court, but may arise in other contexts. Extrinsic fraud does not mean merely lying or perjury, nor misrepresentations, nor intrinsic fraud, nor "to matters that could have been raised during the divorce proceeding. It must involve "collateral ... circumstances" such as: fraudulent acts which keep a person from obtaining information about his/her rights to enforce a contract or getting evidence to defend against a lawsuit or intentionally failing to join a necessary party.
Maggie Marriott
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