Case M137/2019 | High Court of Australia

Case information

Lower Court Judgment

5/03/2019 Family Court of Australia (Strickland J, Kent J, Watts J)

[2019] FamCAFC 37

Catchwords

Family law – Property proceedings – Order under s 79 of Family Law Act 1975 (Cth) – Where agreement between parties intended to apply to property settlement proceedings but does not fall within Pt VIIIA or Div 4 of Pt VIIIAB of Act – Whether circumstances in which additional 40% legal interest in property obtained and Deed of Gift were distractions in disposition of Full Court appeal – Whether admission of further evidence would have produced different result in Full Court and would not be against interests of justice – Whether trial judge failed to take Deed of Gift into account in making property settlement order – Whether finding of contributions failed to take into account legal interest in property prior to marriage.

Documents

10/10/2019 Determination (SLA, Canberra)

23/10/2019 Notice of appeal

05/12/2019 Written submissions (Appellant)

05/12/2019 Chronology (Appellant)

09/01/2020 Written submissions (Respondent)

30/01/2019 Reply (Appellant)

07/08/2020 Hearing (Full Court, Canberra)

07/08/2020 Outline of oral argument (Appellant)

07/08/2020 Outline of oral argument (Respondent)

14/10/2020 Judgment (Judgment summary)

29/01/2021 Summons seeking variation to costs orders