Allesch v Maunz

Family Law – Family Court of Australia - Appeals - Nature of an appeal to the Full Court of the Family Court - Discretion to set aside an order made in the absence of a party - Miscarriage of justice where a party suffers effect of an adverse order and that party's absence adequately explained.

Family Law – Family Court of Australia - Appeals - Appeals by way of rehearing from discretionary judgments - Appellate court seeking to re-exercise discretion by reference to circumstances as they presently exist - Parties must be given an opportunity to adduce evidence as to circumstances as they presently exist in such cases.

Practice and Procedure – Appeal - Discretion to set aside order made in absence of a party.

Words and Phrases – "miscarriage of justice".

Family Law Act 1975 (Cth) s 79A – s 93A(2), s 94