Fenwick & Temple

This matter concerned an appeal by Mr Temple (the appellant) against orders made by a judge of the Family Court of Australia on 26 February 2021, in proceedings between Mr Temple and Ms Fenwick (the respondent). The appeal related to property settlement orders, specifically concerning the payment of a settlement sum and the discharge of spousal maintenance obligations.

The primary legal issue before the Full Court of the Federal Circuit and Family Court of Australia was whether to allow, in part, the appellant's appeal against the original orders. The court was required to determine the terms of any variation to the existing orders, particularly concerning the payment schedule for the settlement sum and the cessation of spousal maintenance.

The Full Court allowed the appeal in part. By consent of the parties, the court varied the original orders made on 26 February 2021. The variation primarily concerned Order 23, which prescribed the payment of $7,830,521 by the respondent to the applicant. The payment schedule was amended to include specific dates for instalments and the balance, along with provisions for interest on late payments. Orders 24 and 24A were also varied by consent, discharging certain spousal maintenance obligations and imposing restraints on the respondent's interest in a property to secure payment of the settlement sum, while also allowing for the maintenance of a caveat by the applicant.

The court made no order as to costs.