Bishop & Bishop

In the matter of Bishop & Bishop, the appellant, the husband, brought an appeal against the orders made by Federal Magistrate Lindsay on 11 August 2011. The legal dispute between the parties centred on property settlement issues that arose from their separation. The appeal was heard in the Full Court of the Federal Circuit Court of Australia.

The legal issues that the Full Court had to determine included whether the orders made by the Federal Magistrate were correct, whether further evidence should be adduced, and whether the orders for costs were appropriate. The Court considered the arguments presented by both parties and examined the evidence and submissions made during the appeal. The Full Court found that the orders made by the Federal Magistrate were incorrect and that the appeal should be allowed.

Consequently, the Full Court set aside the orders made by the Federal Magistrate and remitted the proceedings for property settlement for re-hearing by a Judge of the Federal Circuit Court (other than Judge Lindsay). The Court also dismissed the applications made by both parties to adduce further evidence. The Court granted costs certificates to both parties pursuant to the provisions of the Federal Proceedings (Costs) Act 1981 (Cth), which would allow the Attorney-General to authorise payments for costs incurred by each party in relation to the appeal and the new trial.