Elgin & Elgin

Elgin & Elgin was a family law appeal heard in the Federal Circuit and Family Court of Australia. The primary judge had made orders regarding the division of property between the parties and the taxation consequences of those orders. The husband appealed the orders, and the wife applied for leave to appeal the refusal of an adjournment by the primary judge. The husband also sought to adduce further evidence in the appeal, which the wife opposed. The court had to decide whether the primary judge had erred in his exercise of discretion in refusing the adjournment, whether the primary judge had properly considered the taxation consequences of the orders, and whether the husband's applications to adduce further evidence should be allowed.

The court found that the primary judge's refusal of the adjournment was within his discretion, and the husband had not established any appellable error. The court also found that the primary judge could not be satisfied that the orders were just and equitable due to the substantial taxation liability that had accrued. The court held that the taxation consequences should be borne in the same proportion as the assets were to be divided and proposed orders circulated for further submissions. The court dismissed the wife's application for leave to appeal and allowed only one of the husband's applications to adduce further evidence.

The appeal was allowed in part, and the application for leave to appeal was dismissed. The court allowed the wife's application to receive an affidavit as further evidence but dismissed the husband's applications to receive other affidavits as further evidence. The parties were at liberty to apply for costs and make written submissions in respect of the form of the proposed orders. The court endorsed that each party must endorse the cover sheet with the date on which a copy of any submission filed pursuant to these orders was served on the other party.