Adair & Adair

The appeal, Adair & Adair, involved the husband, the appellant, challenging property settlement orders made by the primary judge. The wife, the respondent, was awarded exclusive ownership of three parcels of real property, which constituted the only alienable assets of the parties. The husband argued that procedural fairness was not afforded to him, that certain findings made by the primary judge were not supported by the evidence, and that the primary judge had erred in various respects. The wife maintained that the primary judge's orders were just and equitable and that the husband had failed to demonstrate any error in law or fact.

The court was required to consider whether the husband had been denied procedural fairness, whether the findings made by the primary judge were supported by the evidence, and whether there had been any error in the application of legal principles. The court also examined the admissibility of evidence under relevant legislation and the validity of the primary judge's consideration of findings made by another judge in relation to family violence. Furthermore, the court assessed whether the primary judge had made any discretionary errors in applying established legal principles to the property settlement orders, and whether the adjustments made by the primary judge were just and equitable.

The Full Court found that the husband had not demonstrated a lack of procedural fairness, that various findings made by the primary judge were open on the evidence, and that the primary judge's reasons for the findings made were sufficient. The court considered that the admissibility of evidence had been properly assessed under the relevant legislation, and that the primary judge's consideration of findings related to family violence was valid. The court also held that the primary judge had not made any discretionary errors in applying the relevant legal principles to the property settlement orders, and that the adjustments made were just and equitable. As a result, the court found no appealable error and dismissed the appeal.

The court ordered that the appeal be dismissed and that the appellant pay the respondent's costs of and incidental to the appeal, fixed in the sum of $15,000 within 28 days of the date of these orders. This form of the order is subject to the entry of the order in the Court's records.