Fleming and Fleming

In *Fleming and Fleming*, the Full Court of the Family Court of Australia considered an appeal from a final order made by a judicial registrar concerning property settlement. The primary dispute between the parties, a married couple, related to the division of their assets and liabilities.

The Full Court was required to determine whether the judicial registrar erred in law by failing to give adequate reasons for the property settlement orders made. Specifically, the court had to consider whether the registrar’s reasons were so inadequate as to constitute a jurisdictional error, thereby vitiating the orders.

Justice O’Reilly, for the Full Court, reasoned that while judicial registrars are not required to provide exhaustive reasons, their decisions must nonetheless be sufficiently articulated to enable parties to understand the basis of the determination and to allow for meaningful appellate review. The court found that the reasons provided by the judicial registrar in this instance were insufficient, failing to explain the weight given to various factors and the ultimate conclusions reached regarding the division of property. This lack of adequate reasoning was held to be an error of law.

Consequently, the Full Court allowed the appeal and set aside the property settlement orders made by the judicial registrar. The matter was remitted to the Family Court for redetermination.