Cosio & Cosio (No 4)

In the matter of Cosio & Cosio (No 4), the appellant, Mr Cosio, appealed against the final financial orders made by the primary judge. The dispute centered around the adequacy of the reasons provided for the division of the parties’ assets, specifically the Suburb B property, a bank account, and superannuation, in the proportions of 55% to the respondent and the balance to the appellant. The appeal was heard in the Federal Circuit and Family Court of Australia's appellate jurisdiction.

The court was required to determine whether the primary judge erred in his treatment of sections 75(2) and 79(2) of the Family Law Act 1975 (Cth). Specifically, the court examined whether the primary judge adequately considered the contributions of both parties during the relationship and whether the orders made were just and equitable. The court also had to assess whether the primary judge properly applied the relevant statutory provisions and if there were sufficient reasons provided for the orders made.

The court found that the primary judge did not err in his treatment of the relevant sections of the Family Law Act. The judge properly considered the contributions of both parties, and the orders made were just and equitable. The court determined that the primary judge's reasons were adequate and that there was no basis for the appeal to succeed. Consequently, the appeal was dismissed.

The court also made orders regarding the costs of the appeal. The application for costs filed on 15 July 2024 and the further amended notice of appeal filed on 31 May 2024 were both dismissed. Any party wishing to apply for costs was directed to file written submissions within 28 days, with the other party to file a reply within 14 days. The question of costs was reserved to chambers. All documents were to be filed and served by email, and the form of the order was subject to review for any minor errors or variations.