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Case information
Lower Court Judgment
13/10/2017 Family Court of Australia (Thackray, Strickland & Aldridge JJ)
Catchwords
Interpretation – Crown immunity – Family Law Act 1975 (Cth) s 90AE – Presumption that statutory provisions expressed in general terms do not bind Crown – Where wife commenced proceedings against husband seeking alteration of property interests including order under s 90AE substituting husband for wife in respect of indebtedness to Commissioner – Where Full Family Court held s 90AE conferred power to make order – Whether Full Family Court erred in concluding presumption Crown not bound by statute did not apply in construction of s 90AE – If yes, whether Full Family Court erred in concluding presumption would have been rebutted – Whether Full Family Court erred in failing to conclude neither Commissioner nor Commonwealth “creditor” or “third party” for purposes of s 90AE.
Documents
23/03/2018 Hearing (SLA, Sydney)
05/04/2018 Notice of appeal
11/05/2018 Written submissions (Appellant)
11/05/2018 Chronology (Appellant)
18/06/2018 Written submissions (Respondents)
09/07/2018 Reply (Appellant)
10/08/2018 Hearing (Full Court, Canberra) (Audio-visual recording)
10/08/2018 Outline of oral argument (Appellant)
10/08/2018 Outline of oral argument (Respondents)
13/12/2018 Judgment (Judgment summary)