A & a

This appeal concerned a dispute between an appellant wife and a respondent husband, who had cohabited for approximately 26 years before separating. The matter came before the Full Court on appeal from the Federal Magistrates Court. The appellant raised several grounds of appeal, broadly categorised as "natural justice grounds" and other challenges relating to the exercise of discretion, including issues concerning contribution factors, the determination of the asset pool, and the application of s 75(2) of the relevant legislation. A separate challenge was also made to a costs order.

The primary legal issues before the court were whether the learned Federal Magistrate had afforded the parties natural justice, and if not, what the consequences of that failure would be for the existing orders. The court also considered the appropriate course of action for the determination of the parties' financial claims, including the potential for a rehearing.

The Full Court allowed the appeal on the natural justice grounds, finding that the orders made by the Federal Magistrate could not stand. Consequently, the orders made against the second and third respondents, which were predicated on the primary orders, were also set aside. The court determined that a rehearing was necessary to determine the outstanding issues. Following the principles in *Allesch v Maunz*, the court indicated that both parties would have the opportunity to file further evidence. The Full Court retained the matter for the re-exercise of discretion, scheduling the rehearing for July 2005 and imposing conditions regarding the appellant's eastern Sydney property and the exchange of evidence.