C & M

The Full Court of the Family Court of Australia considered an appeal by the wife concerning property settlement orders made by a Federal Magistrate. The dispute centred on the division of the parties' assets and liabilities.

The primary legal issue before the Full Court was whether the Federal Magistrate erred in the manner in which the property pool was divided between the parties, specifically concerning the wife's entitlement. The court was required to determine if the orders, as made, resulted in an inequitable distribution.

The Full Court reasoned that the Federal Magistrate's approach to the division of the property pool, particularly the application of a 7.5% adjustment in favour of the wife, could lead to an outcome where the wife received a greater share under one of the Magistrate's orders than under another, even if the total value of the property pool remained constant. This suggested a potential flaw in the calculation or application of the percentage division. The court applied principles of property adjustment under the *Family Law Act 1975* (Cth), focusing on achieving a just and equitable outcome.

The Full Court allowed the wife's appeal and remitted the matter back to the Federal Magistrates Court for redetermination of the property settlement orders.