Calvin & McTier

Case [2017] FamCAFC 125


FAMILY COURT OF AUSTRALIA

CALVIN & MCTIER [2017] FamCAFC 125
FAMILY LAW – APPEAL – PROPERTY – Treatment of property acquired after separation – Where the husband received a substantial inheritance four years after the parties separated – Whether the trial magistrate erred by including the inheritance among the assets to be divided between the parties – Where the court has the power to make an order in relation to after-acquired property – Where the decision to make an order dividing after-acquired property is a matter of discretion – Whether the trial magistrate erred by ordering the husband to give effect to the property orders within 28 days – Whether the parties were afforded procedural fairness – Where the parties were provided with an opportunity to comment on the form of orders before judgment was delivered – No appealable error established – Appeal dismissed – Husband to pay the wife’s costs of the appeal.
Family Law Act 1975 (Cth) ss 4, 31, 44(3), 75(2), 79(1), 79(2), 79(4)

Bishop & Bishop (2013) FLC 93-553
Bonnici & Bonnici (1992) FLC 92-272

Dougherty v Dougherty (1987) 163 CLR 278
Farmer and Bramley (2000) FLC 93-060
Jones & Jones (1990) FLC 92-143
Norman & Norman [2010] FamCAFC 66
Polonius & York [2010] FamCAFC 228
Singerson & Joans [2014] FamCAFC 238
Singerson & Joans [2015] HCATrans 195

Stanford v Stanford (2012) 247 CLR 108
Thynne & Madison [2007] FamCA 558

APPELLANT: Mr Calvin
RESPONDENT: Ms McTier
FILE NUMBER: PTW 2263 of 2011
APPEAL NUMBER: WA 27 of 2016
DATE DELIVERED: 12 July 2017
PLACE DELIVERED: Sydney
PLACE HEARD: Perth
JUDGMENT OF: Bryant CJ, Ryan & Aldridge JJ
HEARING DATE: 4 April 2017
LOWER COURT JURISDICTION: Magistrates Court of Western Australia
LOWER COURT JUDGMENT DATE: 17 November 2016
LOWER COURT MNC: [2016] FCWAM 242

REPRESENTATION

COUNSEL FOR THE APPELLANT: Dr Dickey QC
SOLICITOR FOR THE APPELLANT: Paynes Lawyers
COUNSEL FOR THE RESPONDENT: Mr Rynne
SOLICITOR FOR THE RESPONDENT: Chris Baker & Associates

Orders

  1. The appeal against the orders made by Magistrate Calverley on 17 November 2016 is dismissed.

  2. The appellant pay the respondent’s costs of the appeal as agreed or in default of agreement as assessed.

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 Calvin & McTier 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 FULL COURT OF THE FAMILY COURT OF AUSTRALIA AT PERTH

Appeal Number: WA 27 of 2016
File Number: PTW 2263 of 2011

Mr Calvin

Appellant

and

Ms McTier

Respondent

REASONS FOR JUDGMENT

Introduction

  1. Mr Calvin (“the husband”) appeals against…

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AGLC
Calvin & McTier [2017] FamCAFC 125
Case
[2017] FamCAFC 125
Decision Date

CaseChat Overview and Summary

Calvin & McTier was a case that came before the Magistrates Court of Victoria. The appellant, Calvin, brought an appeal against the orders made by Magistrate Calverley on 17 November 2016. The nature of the dispute involved legal issues related to the appeal against those specific orders. The court was tasked with determining whether the appeal was justified and if the orders made by the magistrate should be upheld or overturned.

The legal issues before the court centred on the merits of the appeal against the orders made by the magistrate. The court needed to assess whether there were grounds for overturning the magistrate’s decision. This involved examining the application of the law to the facts of the case and considering whether any errors were made that would warrant the appeal being successful. The court also needed to consider the appropriate costs to be awarded in relation to the appeal.

The court found that the appeal was not well-founded and dismissed it accordingly. The reasoning behind this decision involved a detailed examination of the evidence and arguments presented by both parties. The court concluded that the magistrate’s orders were correct and that there were no grounds for overturning them. As a result, the appeal was dismissed, and the respondent was awarded costs as per the orders. These orders stipulated that the appellant must pay the respondent’s costs of the appeal as agreed, or in the event of no agreement, as assessed by the court.

Orders

Orders of the court

1.

The appeal against the orders made by Magistrate Calverley on 17 November 2016 is dismissed.

2.

The appellant pay the respondent’s costs of the appeal as agreed or in default of agreement as assessed.

Note: The form of the order is subject to the entry of the order in the Court’s records.

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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