FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1) APPELLATE JURISDICTION
Adamczak & Adamczak [2022] FedCFamC1A 31
Appeal from: Adamczak & Adamczak [2021] NSWSC 851 Appeal number(s): EAA 88 of 2021 File number(s): Supreme Court NSW 2019/00051555 Judgment of: ALDRIDGE, AUSTIN & SCHONELL JJ Date of judgment: 4 March 2022 Catchwords: FAMILY LAW – APPEAL – PROPERTY – Appeal from orders made by a judge of the Supreme Court of New South Wales – Appeal against orders holding a property on trust for the appellant and a costs order in favour of the appellant – Issue estoppel – Anshun estoppel – Procedural fairness – No error established – Appeal dismissed. Legislation: Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) ss 7(5), 11(1)(c) Cases cited: Clayton v Bant (2020) 385 ALR 41; [2020] HCA 44
Eberstaller v Poulos (2014) 87 NSWLR 394; [2014] NSWCA 211
Kalinec & Kalinec [2021] FedCFamC1A 44
Kioa v West (1985) 159 CLR 550; [1985] HCA 81
McKean v Page (1999) FLC 92-853; [1999] FamCA 577
Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589; [1981] HCA 45
Number of paragraphs: 15 Date of hearing: 1 March 2022 Place: Sydney Counsel for the Appellant: Ms Reid with Ms Ingenito Solicitor for the Appellant: Andrew Lee Lawyers Counsel for the Respondent: Mr Harding SC Solicitor for the Respondent: StevensVuaran Lawyers ORDERS
EAA 88 of 2021
Supreme Court NSW 2019/00051555FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTIONBETWEEN: MR ADAMCZAK
Appellant
AND: MS ADAMCZAK
Respondent
ORDER MADE BY:
ALDRIDGE, AUSTIN & SCHONELL JJ
DATE OF ORDER:
4 MARCH 2022
THE COURT ORDERS THAT:
1.The Application in an Appeal filed on 15 December 2021 is allowed.
2.The appeal is dismissed.
3.The appellant is to pay the respondent’s costs fixed in the sum of $29,183.59.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
IT IS NOTED that publication of this judgment by this Court under the pseudonym Adamczak & Adamczak has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
ALDRIDGE, AUSTIN & SCHONELL JJ:
INTRODUCTION
This is an appeal against a declaration and other orders made by a judge of the Supreme Court of New South Wales on 3 August 2021 in proceedings between Ms Adamczak (“the respondent”) and Mr Adamczak (“the appellant”).
The primary judge declared that the appellant held the legal interest in a property in Suburb J (“the Suburb J property”) on trust for the respondent as to one half interest. Subsequent orders were made charging the appellant’s interest in the land with a…
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- Adamczak & Adamczak [2022] FedCFamC1A 31
- Case
- [2022] FedCFamC1A 31
- Decision Date
CaseChat Overview and Summary
The Federal Circuit and Family Court of Australia, Division 1 Appellate Jurisdiction, presided over the appeal. The court examined whether the lower court had erred in its application of issue estoppel and Anshun estoppel, and whether the appellant had been afforded procedural fairness. The court concluded that no errors had been established in the lower court’s decisions. The appellate court found that the lower court’s reasoning and application of the law were sound, and that the appellant had not demonstrated any grounds for the appeal to succeed.
The appeal was dismissed, and the appellant was ordered to pay the respondent’s costs, which were fixed at $29,183.59. The court’s decision underscores the importance of adherence to established legal principles and the requirement for a clear demonstration of error before an appellate court will overturn a lower court’s decision. The final orders of the court confirm the dismissal of the appeal and the imposition of costs on the appellant.
Orders
Orders of the court
EAA 88 of 2021
Supreme Court NSW 2019/00051555
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTION
BETWEEN:
MR ADAMCZAK
Appellant
AND:
MS ADAMCZAK
Respondent
ORDER MADE BY:
ALDRIDGE, AUSTIN & SCHONELL JJ
DATE OF ORDER:
4 MARCH 2022
THE COURT ORDERS THAT:
1. The Application in an Appeal filed on 15 December 2021 is allowed.
2. The appeal is dismissed.
3. The appellant is to pay the respondent’s costs fixed in the sum of $29,183.59.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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