Fontana and Fontana

In the case of Fontana and Fontana, the appeal was brought before the court by the husband against the orders made by Collier J in the Family Court of Australia. The primary dispute revolved around the consideration of the husband's shortened life expectancy due to his medical condition in the division of property under the Family Law Act 1975 (Cth). The husband argued that the primary judge failed to properly consider his life expectancy in making the property settlement orders.

The legal issues before the court were whether the primary judge erred in failing to consider the husband's reduced life expectancy in the division of property and whether this omission constituted a material error of law warranting an appeal. The court was tasked with determining if the consideration of the husband's life expectancy should have influenced the distribution of the parties' assets and whether the omission to do so warranted the setting aside of the original orders.

The court found that the primary judge did not sufficiently address the husband's life expectancy in the context of the property settlement, which was a material error of law. The court highlighted that where there is clear expert evidence of a shortened life expectancy due to a medical condition, it is appropriate to consider this in determining a just and equitable property division. The Full Court concluded that the error was significant enough to set aside the original orders and remit the matter for a rehearing. The court also addressed the costs associated with the appeal, granting costs certificates to both parties under the Federal Proceedings (Costs) Act 1981 (Cth).

The final orders of the court were that the appeal was allowed, the orders made by Collier J were set aside, and the matter was remitted for rehearing by a Judge of the Family Court of Australia. Additionally, the court granted costs certificates to both parties to cover their appeal costs and any costs incurred in relation to the new trial.