Collins v Collins

This matter concerned an application for special leave to appeal to the High Court of Australia. The applicant, Mr Collins, sought to challenge decisions made in family law proceedings concerning property settlement and costs. The respondent was Mrs Collins.

The High Court was required to determine three principal legal issues. First, whether a litigant who is denied a full opportunity to present their case, by being prevented from adducing all available evidence, can waive the *audi alteram partem* rule by failing to seek more time. This involved considering whether such a waiver is legally permissible and, if so, whether it occurred in this instance. Secondly, the Court was asked to consider the proper approach to applying the factors enumerated in section 75(2) of the *Family Law Act* in property settlement applications under section 79 of that Act. Thirdly, the applicant argued that he was denied natural justice by the trial judge's failure to consider his submissions on the question of costs.

In relation to the first issue, the applicant's counsel argued that the denial of a full opportunity to present evidence was a fundamental defect that could not be waived. The Court questioned whether the applicant had, in fact, complained about the timetable or the restriction on adducing evidence prior to judgment. The applicant's counsel conceded that no such complaint was made, but maintained that the defect was so grave as to go to the jurisdiction of the court and therefore could not be waived. The Court noted that parties are often given time limits to present their cases. The second and third issues, concerning the application of section 75(2) factors and the denial of natural justice on costs, were also raised by the applicant.