Brangus & Brangus

The Full Court of the Family Court of Australia heard an appeal and cross-appeal concerning orders made by a Federal Magistrate regarding children's contact and property settlement. The husband appealed against the Federal Magistrate's decisions concerning contact arrangements for the children, while the wife cross-appealed against the property settlement orders.

The primary legal issues before the Full Court were whether the Federal Magistrate had erred in their consideration of the objects and principles of Part VII of the *Family Law Act 1975* (Cth) and the weight given to the children's wishes in relation to contact. In the cross-appeal, the issues concerned whether the Federal Magistrate had erred in failing to find that the husband beneficially owned overseas assets, whether the onus of proof had been impermissibly reversed regarding these assets, and whether a section 75(2) adjustment in favour of the husband was beyond the reasonable exercise of discretion.

Regarding the husband's appeal on children's matters, the Full Court found no error in the Federal Magistrate's exercise of discretion, concluding that the Magistrate had properly considered the relevant legislative provisions and the children's stated wishes. Consequently, the husband's appeal was dismissed. However, the Full Court allowed the wife's cross-appeal concerning property settlement. The Court found that the Federal Magistrate's conclusion regarding the husband's alleged overseas assets was flawed, particularly in relation to the reversal of the onus of proof. Furthermore, the Court determined that the section 75(2) adjustment made in favour of the husband was not a reasonable exercise of discretion, especially given the circumstances of the deferred sale of the former matrimonial home.

The Full Court set aside the property settlement orders and remitted the matter for re-hearing in the Federal Magistrates Court. Costs certificates were granted to both parties in relation to the appeal and the new trial.