Abdoo and Abdoo

[2011] FamCAFC 234

FAMILY COURT OF AUSTRALIA

ABDOO & ABDOO [2011] FamCAFC 234

FAMILY LAW – APPEAL – PROPERTY SETTLEMENT – where the husband appealed against the Federal Magistrate’s order that the proceeds of sale from one of the properties owned by the parties be divided $238,000 to the wife and the balance to the husband – where the Federal Magistrate preferred the evidence of the wife and eldest daughter over the evidence of the husband and his current wife as to the identification and value of the parties’ assets – where the Federal Magistrate found that the husband had failed to make full and frank disclosure of his assets – where the husband sought on appeal an order that the proceeds of sale be divided with the husband to receive $238,000 and the wife to receive the remaining balance – where the husband was unable to persuade the Court that the Federal Magistrate erred in his findings – appeal dismissed.   

FAMILY LAW – APPEAL – APPLICATION TO ADDUCE FURTHER EVIDENCE – where it was not apparent on the face of all the documents in respect of which leave was sought what relevance they had to the appeal or the issues in dispute before the Federal Magistrate – where the Court considered very few if any of the documents would be admissible as evidence and was not persuaded that the documents would render erroneous the decision of the Federal Magistrate – application dismissed.     

Family Law Act 1975 (Cth) s 93A(2)

CDJ v VAJ (1998) 197 CLR 172
Mims & Green and Green (2008) FLC 93-359
State Rail Authority of New South Wales v Earthline Constructions Pty Ltd (in liq) and Others (1999) 160 ALR 588
Weir and Weir (1993) FLC 92-338

APPELLANT: Mr Abdoo

RESPONDENT: Ms Abdoo

FILE NUMBER: MLC 4987 of 2007

APPEAL NUMBER: SA 86 of 2010

DATE DELIVERED: 14 December 2011

PLACE DELIVERED: Adelaide

PLACE HEARD: Melbourne

JUDGMENT OF: Strickland J

HEARING DATE: 28 April 2011

LOWER COURT JURISDICTION: Federal Magistrates Court

LOWER COURT JUDGMENT DATE: 13 October 2010

LOWER COURT MNC: [2010] FMCAfam 1117

REPRESENTATION

SOLICITOR FOR THE APPELLANT: In person

SOLICITOR FOR THE RESPONDENT: In person

Orders

1. The Application in a Case filed by the husband on 28 March 2011 be dismissed.

2. The appeal be dismissed.

IT IS NOTED that publication of this judgment under the pseudonym Abdoo v Abdoo is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

IN THE APPELLATE JURISDICTION OF THE FAMILY COURT OF AUSTRALIA AT MELBOURNE  

Appeal Number: SA 86 of 2010
File Number: MLC 4987 of 2007

Mr Abdoo

Appellant

And

Ms Abdoo

Respondent

REASONS FOR JUDGMENT

Introduction  

1. This is an appeal by Mr Abdoo (“the husband’) against property settlement orders made by Federal Magistrate Roberts on 13 October 2010 in proceedings between the husband and Ms Abdoo (“the wife”).

2. In summary, the Federal Magistrate ordered that the wife receive the sum of $238,000 from the proceeds of sale of the parties’ property in Melbourne suburb and…