Appeal from: Akhtar & Gaber

The Appeal Division of the Family Court of Australia heard an appeal by Mr. Akhtar against Ms. Gaber concerning property settlement orders. The primary judge had dismissed the appellant's application under s 79A(1) of the *Family Law Act 1975* (Cth).

The appeal raised questions as to whether a marriage agreement between the parties constituted a binding financial agreement under Part VIIIA of the *Family Law Act 1975* (Cth), and consequently, whether it ousted the Court's jurisdiction to make property settlement orders under s 79 of the Act. The appellant also contended that the primary judge erred in dismissing his application and that there was an apprehension of bias.

The Appeal Division found that the marriage agreement was not a financial agreement recognised by Part VIIIA of the Act, and therefore did not preclude the Court from exercising its jurisdiction under s 79. The Court concluded that the primary judge had made no error in dismissing the appellant's application under s 79A(1) and that there was no apprehension of bias.

Accordingly, the appeal was dismissed, and there was no order as to costs. The respondent's application for an extension of time to file a schedule of costs was also dismissed.