Conroy & Penner
Case
•
[2022] FedCFamC1A 39
•24 March 2022
Details
AGLC
Case
Decision Date
Conroy & Penner [2022] FedCFamC1A 39
[2022] FedCFamC1A 39
24 March 2022
CaseChat Overview and Summary
Conroy & Penner is an appeal against final property settlement orders made by the Federal Circuit and Family Court of Australia. The husband sought to challenge the evaluation and assessment of the parties' contributions and the valuation findings made by the primary judge. The appeal grounds focused on whether the primary judge's findings were open on the evidence and whether there were any errors in the reasoning or adequacy of reasons provided.
The court found that the primary judge's findings were open on the evidence and that the parties were bound by the way they conducted their case at trial. The technical errors made by the primary judge were immaterial, and no error was established. The appeal was dismissed, and costs were ordered in a fixed sum.
The court held that the husband's appeal grounds were not established, and the appeal was dismissed. The court ordered the husband to pay the wife's costs in the sum of $30,000 within 28 days. The form of the order is subject to review to remedy minor typographical or grammatical errors, or to record a variation to the order. It is an offence to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings, except in very limited circumstances.
The court found that the primary judge's findings were open on the evidence and that the parties were bound by the way they conducted their case at trial. The technical errors made by the primary judge were immaterial, and no error was established. The appeal was dismissed, and costs were ordered in a fixed sum.
The court held that the husband's appeal grounds were not established, and the appeal was dismissed. The court ordered the husband to pay the wife's costs in the sum of $30,000 within 28 days. The form of the order is subject to review to remedy minor typographical or grammatical errors, or to record a variation to the order. It is an offence to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings, except in very limited circumstances.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Appeal
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Property
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Costs
Actions
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Citations
Conroy & Penner [2022] FedCFamC1A 39
Most Recent Citation
Ressam & Benida [2022] FedCFamC2F 874
Cases Citing This Decision
4
Penner & Conroy
[2022] FedCFamC1F 283
Ressam & Benida
[2022] FedCFamC2F 874
Penner & Conroy
[2022] FedCFamC1F 283
Cases Cited
8
Statutory Material Cited
2
PENNER & CONROY
[2020] FamCA 1128
Minister for Immigration and Citizenship v Li
[2013] HCA 18
Metwally v University of Wollongong
[1985] HCA 28