B & B

The Full Court of the Family Court of Australia, constituted by Kay, Coleman and O’Ryan JJ, considered an appeal concerning property settlement, spousal maintenance, and issues relating to children. The dispute arose from orders made by a single judge of the Family Court.

The primary legal issues before the Full Court were whether the trial judge had adequately considered evidence of family violence when making orders regarding the residence of the children, whether the trial judge had misapplied the principles established in *Kennon v Kennon* in the property settlement, and whether the correct process had been followed in determining spousal maintenance. The Full Court also addressed an assertion that the trial judge had displayed prejudice towards the mother’s religious practices.

The Full Court found that the trial judge had not erred in relation to the consideration of family violence or the mother’s religious practices. However, it determined that the trial judge had incorrectly treated the *Kennon* factor as an award for damages and had not applied it correctly, particularly in circumstances where an adjustment was made entirely under s 79(4)(e) of the *Family Law Act 1975* (Cth). Furthermore, the Court held that the process for spousal maintenance had not been correctly followed, as it required an initial ascertainment of the wife's ability to support herself before determining the husband's capacity to contribute to any shortfall.

Consequently, the appeal was allowed, and the matter was remitted for redetermination. Cost certificates were granted.