FAMILY LAW – APPEAL – NOTICE OF APPEAL – PROPERTY – where the Federal Magistrate erred in attributing a credit card debit of only $198 to the wife when the wife had conceded at trial that a total of $2,000 would have been for her benefit – where the Federal Magistrate erred in failing to take into account the husband’s contributions to the mortgage repayments post-separation – where the evidence is not clear as to how much the husband contributed to the mortgage repayments post-separation – where there is accordingly merit in two of the grounds of appeal – where the error identified in one of the grounds of appeal requires a reassessment of the respective contributions of the parties – where the matter is to be remitted with priority to the Federal Magistrates Court for a partial rehearing – appeal allowed in part.
FAMILY LAW – APPEAL – APPLICATION TO ADDUCE FURTHER EVIDENCE – where the appellant seeks to adduce further evidence – where the respondent does not oppose the application – where the court has a discretion whether or not to receive the evidence – where it is not apparent how the fact that the parties had an ongoing financial relationship after separation demonstrates that the Federal Magistrate has erred – where there is no basis for admitting the further evidence – application dismissed.
FAMILY LAW – APPEAL – NOTICE OF APPEAL – COSTS – where neither party was legally represented – no costs issues to be considered – no order for costs made.
NOTE: The period for seeking special leave to appeal to the High Court has not expired.