FAMILY LAW – APPEAL – PROPERTY – whether the Federal Magistrate erred in only allowing the husband to rely on part of his affidavit – appeal in relation to the exercise of judicial discretion – where the Federal Magistrate took account of the husband’s non-compliance with orders about filing of evidence – where the Federal Magistrate found the husband’s non-compliance was a course of conduct and the husband provided no satisfactory reasons for non-compliance – whether the Federal Magistrate erred in failing to have regard to costs order as compensation to the wife for further delay or adjournment – consideration of Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 – Federal Magistrate’s discretion did not miscarry – no error demonstrated.
FAMILY LAW – APPEAL – Adequacy of reasons – whether the Federal Magistrate erred in adopting the wife’s submissions as her reasons for judgment – whether the wife’s submissions were sufficient to constitute reasons for judgment – where the husband failed to comply with orders to file evidence – where the only evidence before the Federal Magistrate was the wife’s evidence – where the Federal Magistrate had no submissions by the husband about the division of property – adequacy of reasons depends on the context in which they were given – reasons were adequate – appeal dismissed.
FAMILY LAW – COSTS – Appeal wholly unsuccessful – no submissions made about any other s 117(2A) factors – costs order made in favour of the wife.
NOTE: The period for seeking special leave to appeal to the High Court has not expired.