FAMILY LAW ─ APPEAL ─ PROPERTY SETTLEMENT ─ Contributions ─ Challenge to the Federal Magistrate’s conclusion and assessment of the contributions of the parties pursuant to s 90SM(4) ─ Where the appellant contended that the Federal Magistrate had erroneously disregarded and/or devalued, the contributions made by him for the benefit of himself and the respondent ─ Where the Court concluded that the Federal Magistrate’s findings with respect to the parties’ overall contributions in the period October 2006 to October 2007 were not reasonably open to him ─ Where the Court was satisfied that it was not reasonably open to the Federal Magistrate to regard the parties’ overall contributions in the period October 2006 and October 2007 as equal by, inferentially, concluding that the respondent’s non-financial contributions so exceeded those of the appellant during this period as to counter balance his substantially greater financial contributions ─ Where given the ages and earning capacities of the parties, and the modest value of their assets, the Court was unable to conclude that the Federal Magistrate’s error of fact was immaterial to the exercise of his discretion ─ Where his Honour’s failure to find, as the evidence required him to, that the appellant’s ultimate contribution based entitlement was enhanced by the disparity of the parties’ financial contributions between October 2006 and October 2007 vitiated the exercise of his discretion ─ Appellate intervention enlivened ─ Where both parties sought an order for the sale of the property if the appeal were allowed and the discretion of the Federal Magistrate re-exercised ─ Appeal stood over for further consideration, with respect to the re-exercise of the discretion of the Federal Magistrate’s Court, pending receipt of further evidence and submissions.
NOTE: The period for seeking special leave to appeal to the High Court has not expired.