Recent judgments of the Family Court of Australia
FAMILY LAW - APPEAL – PROPERTY – SUPERANNUATION – ASSESSMENT OF CONTRIBUTION AND S 75(2) FACTORS – Where appellant husband asserted insufficient weight given to his initial financial contributions – Where appellant husband asserted too much weight given to s 75(2) factors in favour of respondent wife – Where appellant husband asserted trial Judge erred in his assessment of contribution and s 75(2) factors in relation to superannuation – Where appeal against discretionary judgment – Where trial Judge has very wide discretion – Whether error of fact vitiates trial Judge’s assessment of overall contributions – Having regard to trial Judge’s careful assessment of other contributions and given the length of the marriage, the overall assessment was not vitiated – No appealable error regarding the assessment of the non-superannuation pool – Where trial Judge’s assessment of contribution and s 75(2) factors in respect of the superannuation pool was outside the reasonable ambit of his discretion – Where trial Judge failed to consider whether the orders made were just and equitable – Appealable error.
FAMILY LAW - RE-EXERCISE OF DISCRETION – Where both parties submit that a re-exercise of discretion is appropriate – Where error demonstrated in only one of the two pools (superannuation) – Whether discretion ought be re-exercised with respect to both pools – Discretion re-exercised with respect to both pools.
FAMILY LAW - COSTS – Where appeal successful – Where error on the part of trial Judge demonstrated – Both parties were awarded costs certificates in respect of the costs of the appeal.