Chapman & Chapman

Case [2014] FamCAFC 91


FAMILY COURT OF AUSTRALIA

CHAPMAN & CHAPMAN [2014] FamCAFC 91

FAMILY LAW – APPEAL – PROPERTY SETTLEMENT – where the appellant wife contends the trial judge “conflated” s 79(2) and s 79(4) of the Family Law Act 1975 (Cth) – consideration of  Bevan & Bevan (2013) FLC 93-545 – where there is no requirement to consider the s 79(4) factors when making a determination as to whether any order is just and equitable (per s 79(2)) – whether the trial judge erred by conflating the two sections – where this was one of the “many cases” in which the s 79(2) requirement is easily met – where no error demonstrated.

FAMILY LAW – APPEAL – PROPERTY SETTLEMENT – CONTRIBUTIONS – where the appellant wife relies upon a number of grounds to challenge the trial judge’s decision to distribute the parties’ property in the proportion 65:35 per cent in favour of the respondent husband – where the appellant contends the trial judge erred in failing to consider certain relevant facts – whether the trial judge erred in the manner alleged – whether the trial judge’s assessment of contributions was “plainly wrong” – where no error demonstrated – where the appellant contends the trial judge erred by failing to make a splitting order – whether the trial judge’s decision not to make a superannuation splitting order was “plainly wrong” – no error demonstrated – where the appellant further contends the trial judge erred in her treatment by the husband of certain funds received following the sale of a property – where no error demonstrated – where the appellant challenged credit findings made by the trial judge – where no error demonstrated – appeal dismissed – appellant ordered to pay the respondent’s costs of the appeal.

Family Law Act 1975 (Cth)

Bevan & Bevan (2013) FLC 93-545

Bolger & Headon [2014] FamCAFC 27

CDJ v VAJ (1998) 197 CLR 172

Cerini & Cerini [1998] FamCA 143
Devries v Australian National Railways Commission (1993) 177 CLR 472
Gronow v Gronow (1979) 144 CLR 513
Housev The King (1936) 55 CLR 499
Kuhl v Zurich Financial Services Australia Ltd (2011) 243 CLR 361
Metwally v University of Wollongong (No 2) (1985) 60 ALR 68
Nguyen v Nguyen (1990) 169 CLR 245
Norbis v Norbis (1986) 161 CLR 513
Omacini & Omacini (2005) FLC 93-218
Prantage & Prantage [2013] FamCAFC 105

Stanford v Stanford (2012) 247 CLR 108

Townsend & Townsend (1995) FLC 92-569

Watson & Ling [2013] FamCA 57

Willis & Willis [2007] FamCA 89

APPELLANT: Ms Chapman
RESPONDENT: Mr Chapman
FILE NUMBER: SYC 5967 of 2008
APPEAL NUMBER: EA 56 of 2012
DATE DELIVERED: 27 May 2014
PLACE DELIVERED: Brisbane
PLACE HEARD: Sydney
JUDGMENT OF: Bryant CJ, Strickland  and Murphy JJ
HEARING DATE: 13 November 2013
LOWER COURT JURISDICTION: Family Court of Australia
LOWER COURT JUDGMENT DATE: 4 April 2012
LOWER COURT MNC: [2012] FamCA 196

REPRESENTATION

COUNSEL FOR THE APPELLANT: Mr Wheelhouse SC
SOLICITOR FOR THE APPELLANT: KDB Holmes Solicitors
COUNSEL…

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AGLC
Chapman & Chapman [2014] FamCAFC 91
Case
[2014] FamCAFC 91
Decision Date

CaseChat Overview and Summary

In the Full Court of the Family Court of Australia at Sydney, the appellant, Ms Chapman, appealed against the orders of Stevenson J, made on 4 April 2012, which divided the property and superannuation interests of the parties to the marriage in the proportion of 65 per cent to the husband and 35 per cent to the wife. The husband opposed the appeal. The wife argued that the trial judge made a fundamental error of law and principle, failed to take into account and give sufficient weight to relevant material, made material errors of fact, took into account irrelevant material, made an error of law, ignored relevant material, and failed to make a superannuation splitting order. The husband argued that the appeal should be dismissed, and he sought to maintain the orders of the trial judge. The Court held that the appeal should be dismissed and there be no order as to costs. The wife's arguments were rejected, and no error was demonstrated in respect of the application of s 79(2). The wife's challenge on grounds 1 and 6 was not made out. The wife's contention that her Honour ought to have "added back" money which, it is contended, her Honour mistakenly found was expended by the husband on renovations to the former matrimonial home was also rejected. The Court found no merit in the wife's challenge that her Honour ought to have made a superannuation splitting order. The Court also rejected the wife's challenge to her Honour's credit findings. The appeal should be dismissed.

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

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Ratio Decidendi

Legal Principle Established

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