FAMILY LAW – APPEAL – NOTICE OF APPEAL – PROPERTY – where the husband appeals the order made by the Federal Magistrate that he retain the Queensland property when he sought orders for the sale of that property – where it is alleged that the Federal Magistrate failed to give adequate reasons why this property should be retained by the husband contrary to his submissions and orders sought – where the husband seeks an adjustment pursuant to ss 75(2)(c) and (d) of the Family Law Act 1975 (Cth) in circumstances where he will have the primary care of the children of the marriage and the financial obligation for their upbringing and education – where the wife opposes the appeal – where it is found that the Federal Magistrate failed to give adequate reasons for her decision that the husband retain the Queensland property – where there is merit in the grounds of appeal – where the Federal Magistrate “painstakingly” worked through all of the relevant s 75(2) factors – where the husband has not demonstrated that the Federal Magistrate’s overall finding in relation to the relevant s 75(2) factors was erroneous – where there is no merit in these grounds of appeal – where the appeal is allowed in part – where it is appropriate to re-exercise the discretion – orders made for the sale of the Queensland property with the parties jointly undertaking that task, any capital gains tax liability to be met equally by the parties with the proceeds of sale remaining to be shared between the parties as to 53 per cent to the husband and 47 per cent to the wife.
FAMILY LAW –APPEAL – APPLICATION TO ADDUCE FURTHER EVIDENCE COMPRISING A VALUATION OF THE PROPERTY – where it is now unnecessary to consider the application given the appeal is to be allowed in part and the order made by the Federal Magistrate is to be set aside – application dismissed.
FAMILY LAW – APPEAL – NOTICE OF APPEAL – COSTS – where the husband sought that the wife pay his costs in the event that the appeal was successful – where in the event that the appeal was successful the wife sought a certificate pursuant to the Federal Proceedings (Costs) Act 1981 (Cth) – where there is no suggestion that the wife led the Federal Magistrate into error – where there is no basis on which the wife should pay the husband’s costs –where the appeal has been allowed on a question of law – where there is no order for costs – costs certificates to issue to the parties pursuant to the Federal Proceedings (Costs) Act 1981 (Cth).
NOTE: The period for seeking special leave to appeal to the High Court has not expired.