FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
APPELLATE JURISDICTION
Bonhomme & Bonhomme [2025] FedCFamC1A 75
Appeal from: Bonhomme & Bonhomme [2024] FedCFamC1F 854 Appeal number: NAA 371 of 2024 File number: SYC 6833 of 2023 Judgment of: MCCLELLAND DCJ, CAREW & CARTER JJ Date of judgment: 2 May 2025 Catchwords: FAMILY LAW – APPEAL – Where the principles applicable in an appeal against a discretionary decision are well settled – Where the appellant must establish some error in the decision-making process – Where the appellant contends the primary judge failed to take into account relevant facts or took into account irrelevant facts – Where the appellant contends the primary judge’s reasons were inadequate – Where the appellant contends the decision was plainly wrong – Where there is no merit to the grounds of appeal – Appeal dismissed – Appellant to pay the respondent’s costs in a fixed sum. Legislation: Family Law Act 1975 (Cth) Pt VII, s 60CC Cases cited: Bennett and Bennett (1991) FLC 92-191; [1990] FamCA 148
Gronow v Gronow (1979) 144 CLR 513; [1979] HCA 63
House v The King (1936) 55 CLR 499; [1936] HCA 40
Johnson v Johnson (No 3) (2000) 201 CLR 488; [2000] HCA 48
Morgan & Miles (2007) FLC 93-343; [2007] FamCA 1230
Pickford & Pickford [2024] FedCFamC1A 249
Number of paragraphs: 97 Date of hearing: 3 April 2025 Place: Heard in Sydney, delivered in Brisbane Counsel for the Appellant: Ms Tabbernor Solicitor for the Appellant: Reid Family Lawyers Counsel for the Respondent: Ms Gillies SC Solicitor for the Respondent: Dorter Family Lawyers ORDER
NAA 371 of 2024
SYC 6833 of 2023FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA DIVISION 1 APPELLATE JURISDICTION
BETWEEN: MS BONHOMME
Appellant
AND: MR BONHOMME
Respondent
ORDER MADE BY:
MCCLELLAND DCJ, CAREW & CARTER JJ
DATE OF ORDER:
2 MAY 2025
THE COURT ORDERS THAT:
1.The appellant’s application to adduce further evidence is dismissed.
2.The appeal is dismissed.
3.The appellant is to pay the respondent’s costs fixed in the sum of $12,000.
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).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Bonhomme & Bonhomme has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
MCCLELLAND DCJ, CAREW…
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- Case
- [2025] FedCFamC1A 75
- Decision Date
CaseChat Overview and Summary
The court meticulously reviewed the grounds of appeal, assessing whether the appellant had established any error in the primary judge's decision. It found that there was no merit in the contention that the primary judge had failed to consider relevant facts or had improperly considered irrelevant facts. Furthermore, the court determined that the reasons provided by the primary judge were sufficient, and the decision reached was not plainly wrong. The appeal was dismissed as the appellant had not demonstrated any error that would justify altering the primary judge's decision.
Consequently, the court ruled against the appellant on all grounds of appeal and dismissed the appeal. Additionally, the appellant was ordered to pay the respondent's costs in a fixed sum of $12,000, which was subject to entry in the court's records and potential review or variation under the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth). This outcome reflects the court's stance that the primary judge's decision was sound and that the appeal lacked merit.
Orders
Orders of the court
1. The appellant’s application to adduce further evidence is dismissed.
2. The appeal is dismissed.
3. The appellant is to pay the respondent’s costs fixed in the sum of $12,000.
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).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
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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