Amble & Amble

In *Amble & Amble*, the Full Court of the Family Court of Australia considered an appeal concerning property settlement orders made by a single judge. The dispute involved a long-term marriage and the division of significant assets, including a family business and various investment properties. The primary issue on appeal was whether the judge had adequately considered and given appropriate weight to certain financial resources and future needs of one of the parties when making the property division.

The Full Court was required to determine whether the judge had erred in law by failing to properly consider the factors enumerated in section 75(2) of the *Family Law Act 1975* (Cth). Specifically, the appeal focused on the weight given to the future earning capacity of one party, the impact of the proposed property division on their ability to maintain their standard of living, and the contributions made by each party to the acquisition, conservation, and improvement of the property.

The Court found that while the judge had acknowledged the relevant factors under section 75(2), the ultimate distribution of assets did not sufficiently reflect the disparity in the parties' future financial positions and needs. The judges applied the principles established in cases concerning the just and equitable division of matrimonial property, emphasizing that a holistic approach is required, considering both past contributions and future requirements. The Court held that the original orders were not just and equitable due to an insufficient consideration of the future needs of the appellant.

Consequently, the Full Court set aside the original property settlement orders and remitted the matter back to a single judge for redetermination, with directions to give further and proper consideration to the factors under section 75(2) of the *Family Law Act 1975* (Cth).