Adair & Adair

[2019] FamCAFC 70

Family Court of Australia

ADAIR & AdAIR

[2019] FamCAFC 70

FAMILY LAW – APPEAL – PROPERTY – Where the primary judge made property settlement orders providing for three parcels of real property exclusively held by the husband to be transferred to the wife – Where the three parcels of real property were the parties’ only alienable assets – Where the appellant husband was unable to demonstrate he was not afforded procedural fairness – Where various findings made by the primary judge were open on the evidence – Where the primary judge gave sufficient reasons for the findings made – Where the Full Court considers admissibility of evidence under the Evidence Act 1995 (Cth) and the Family Law Act 1975 (Cth) – Where the primary judge’s consideration of findings made by another judge in relation to family violence was valid – Where the primary judge made no discretionary error in applying Kennon & Kennon (1997) FLC 92-757 to property settlement orders – Where the primary judge’s adjustments made pursuant to ss 75(2) and 79(4) of the Family Law Act 1975 (Cth) were just and equitable – Where no appealable error established – Appeal dismissed.

FAMILY LAW – APPEAL – COSTS – Where no merit in appeal – Where the appellant abandoned grounds of appeal before or during the appeal – Where the remaining grounds of appeal were wholly unsuccessful – Where the appellant is ordered to pay the respondent’s costs of and incidental to the appeal in a fixed amount.

Evidence Act 1995 (Cth) ss 91, 93, 135, 136, 190

Family Law Act 1975 (Cth) ss 69ZM, 69ZT, 69ZX, 75(2), 79(4)

Clauson and Clauson (1995) FLC 92-595; [1995] FamCA 10

De Winter and De Winter (1979) FLC 90-605

Farmer and Bramley (2000) FLC 93-060; [2000] FamCA 1615

Gronow v Gronow (1979) 144 CLR 513; [1979] HCA 63

House v The King (1936) 55 CLR 499; [1936] HCA 40

Kennon v Kennon (1997) FLC 92-757; [1997] FamCA 27

National Companies & Securities Commission v News Corporation Limited (1984) 156 CLR 296; [2012] HCA 29

Norbis v Norbis (1986) 161 CLR 513; [1986] HCA 17

RCB v Honourable Justice Forrest (2012) 247 CLR 304; [2012] HCA 47

Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1; [2003] HCA 6

Stead v State Government Insurance Commission (1986) 161 CLR 141; [1986] HCA 54

Appellant:

Mr Adair

Respondent:

Ms Adair

File Number:

PAC
3305

of
2013

Appeal Number:

EA
60

of
2018

DATE DELIVERED:

29 April 2019

Place Delivered:

Newcastle

Place Heard:

Sydney

Judgment of:

Strickland, Ryan & Austin JJ

Hearing date:

1 March 2019

Lower court jurisdiction:

Family Court of Australia

lower court judgment date:

18 April 2018

LOWER COURT MNC:

[2018] FamCA 239

REPRESENTATION

COUNSEL FOR THE Appellant:

Mr Bennett

SOLICITOR FOR THE Appellant:

Adam Jones Solicitor

SOLICITOR FOR THE RESPONDENT:

Mr Bainbridge, Bainbridge Legal

Orders

(1)      The appeal be dismissed.

(2)      The appellant pay the respondent’s costs of…