FAMILY COURT OF AUSTRALIA
| BULOW & BULOW | [2020] FamCAFC 120 |
| FAMILY LAW – APPEAL – PROPERTY – Where the appellant alleges apprehended and actual bias by the primary judge – Where it is readily apparent that all the appellant is doing in many of his grounds of appeal is identifying orders made or reasons delivered by the primary judge with which he disagrees and suggesting therefore that his Honour was biased – Where none of the grounds of appeal demonstrate bias on the part of the primary judge nor error in his Honour refusing to recuse himself – Appeal dismissed. |
| APPELLANT: | Mr Bulow |
| RESPONDENT: | Ms Bulow |
| FILE NUMBER: | ADC | 1674 | of | 2014 |
| APPEAL NUMBER: | SOA | 43 | of | 2019 |
| DATE DELIVERED: | 19 May 2020 |
| PLACE DELIVERED: | Adelaide |
| PLACE HEARD: | Adelaide |
| JUDGMENT OF: | Strickland J |
| HEARING DATE: | 25 February 2020 |
| LOWER COURT JURISDICTION: | Federal Circuit Court of Australia |
| LOWER COURT JUDGMENT DATE: | 29 July 2019 |
| LOWER COURT MNC: | [2019] FCCA 2251 |
REPRESENTATION
| THE APPELLANT: | In person |
| THE RESPONDENT: | In person |
Orders 25 February 2020
The Application in an Appeal filed by the husband on 21 February 2020 be dismissed.
The Notice of Appeal filed on 26 August 2019 be dismissed.
Note: The form of the order is subject to the entry of the order in the Court’s records.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Bulow & Bulow has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).
| THE APPELLATE JURISDICTION OF THE FAMILY COURT OF AUSTRALIA AT ADELAIDE |
Appeal Number: SOA 43 of 2019
File Number: ADC 1674 of 2014
| Mr Bulow |
Appellant
And
| Ms Bulow |
Respondent
REASONS FOR JUDGMENT
Introduction
On 26 August 2019 Mr Bulow (“the husband”) filed a Notice of Appeal from an order made by a Judge of the Federal Circuit Court of Australia on 29 July 2019. The appeal is opposed by Ms Bulow (“the wife”).
The order appealed from dismissed paragraphs 1, 2, 3,…
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- AGLC
- Bulow & Bulow [2020] FamCAFC 120
- Case
- [2020] FamCAFC 120
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the primary judge's assessment of the superannuation interest was correct and whether the error in that assessment had broader implications for the overall property settlement. Additionally, the court needed to decide whether the primary judge could conduct the rehearing or if a new judge should be appointed. The court found that the primary judge's error in assessing the superannuation interest had ramifications for the entire property settlement, necessitating the setting aside of certain orders. The court also concluded that the primary judge could conduct the rehearing as the evidence before the Full Court did not permit a re-exercising of the discretion. The court emphasized that its decision did not imply that any particular order must be made in the rehearing, but rather that the parties' contentions should be reconsidered in light of the correct evidence.
The court's reasoning led to the conclusion that the orders regarding the superannuation interest and the overall property settlement must be set aside. The court found that the primary judge did not have the necessary evidence to fully understand the effects of a splitting order on the parties, and therefore, the matter had to be remitted for rehearing. The court also determined that the primary judge could conduct the rehearing, as the evidence before the Full Court did not allow for a reconsideration of the orders. The court clarified that its decision did not dictate any specific outcome for the rehearing but rather required that the parties' arguments be reconsidered with the correct evidence in mind.
The final orders included setting aside the primary judge's orders regarding the superannuation interest and the overall property settlement. The court remitted the matter for rehearing before the primary judge, emphasizing that the rehearing should be based on evidence that allowed for a proper assessment of the superannuation interest and its implications for the property settlement. The court also noted that the wife's application for costs of the trial would be addressed once the rehearing was concluded.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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