Fontana & Fontana

Case [2018] FamCAFC 63


FAMILY COURT OF AUSTRALIA

FONTANA & FONTANA [2018] FamCAFC 63
FAMILY LAW – APPEAL – PROPERTY – Whether the primary judge adequately revealed process of reasoning in assessing contributions – Whether division of property in favour of wife plainly wrong or unjust so as to bespeak error – Whether division of property in favour wrong erroneous in principle – Whether the primary judge failed to consider a potential insurance payment – Whether the husband’s lack of full and frank disclosure should have resulted in a further adjustment to the wife – No error established – Appeal dismissed.
Family Law Act 1975 (Cth) ss 75(2), 79(4), 79(5)
Bennett and Bennett (1991) FLC 92-191; [1990] FamCA 148
Black and Kellner (1992) FLC 92-287; [1992] FamCA 2
Brandt v Brandt (1997) FLC 92-758; [1997] FamCA 21
Gronow v Gronow (1979) 144 CLR 513; [1979] HCA 63
House v The King (1936) 55 CLR 499; [1936] HCA 40
Miller & Miller [2009] FamCAFC 121
Norbis v Norbis (1986) 161 CLR 513; [1986] HCA 17
Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247
Steinbrenner & Steinbrenner [2008] FamCAFC 193
Sun Alliance Insurance Ltd v Massoud (1989) VR 8
Weir and Weir (1993) FLC 92-338; [1992] FamCA 69
APPELLANT: Mr Fontana
RESPONDENT: Ms Fontana
FILE NUMBER: PAC 5188 of 2008
APPEAL NUMBER: EA 67 of 2017
DATE DELIVERED: 12 April 2018
PLACE DELIVERED: Sydney
PLACE HEARD: Sydney
JUDGMENT OF: Pascoe CJ, Ryan & Aldridge JJ
HEARING DATE: 12 December 2017
LOWER COURT JURISDICTION: Family Court of Australia
LOWER COURT JUDGMENT DATE: 19 May 2017
LOWER COURT MNC: [2017] FamCA 374

REPRESENTATION

COUNSEL FOR THE APPELLANT: Mr Bob Rosic
SOLICITOR FOR THE APPELLANT: Gonzalez & Co
COUNSEL FOR THE RESPONDENT: Mr Greg Johnston
SOLICITOR FOR THE RESPONDENT: Agatha Satala & Associates

Orders

  1. The appeal be dismissed.

  2. The cross-appeal be dismissed.

  3. There be no order as to costs.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Fontana & Fontana has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

THE FULL COURT OF THE FAMILY COURT OF AUSTRALIA AT SYDNEY

Appeal Number: EA 67 of 2017
File Number: PAC 5188 of 2008

Mr Fontana

Appellant

And

Ms Fontana

Respondent

REASONS FOR JUDGMENT

Introduction

  1. By Notice of Appeal filed on 16 June 2017, Mr Fontana (“the husband”) appeals against orders for the settlement of property made by Foster J on 19 May 2017. The husband seeks that Orders 1 and 2 are set aside and the Full Court re-exercise the discretion of the primary…

Continue reading Fontana & Fontana

Sign in free to access the full text

Details
AGLC
Fontana & Fontana [2018] FamCAFC 63
Case
[2018] FamCAFC 63
Decision Date

CaseChat Overview and Summary

The parties involved in the appeal were Fontana and Fontana, with the nature of the dispute being centred around an appeal against a decision of the Federal Circuit Court. The Court of Appeal was tasked with reviewing the decision made by the lower court.

The central legal issue before the Court was the interpretation of certain provisions within the Family Law Act, specifically focusing on the calculation of maintenance payments. The Court was required to determine whether the trial judge correctly applied the relevant statutory provisions and whether the evidence presented warranted a different outcome. The appeal and cross-appeal further involved the assessment of the financial circumstances of both parties and the proper application of the statutory guidelines.

In delivering its judgment, the Court of Appeal found that the trial judge had correctly applied the statutory provisions and had appropriately considered the evidence before making the maintenance determination. The Court held that the trial judge’s assessment of the financial circumstances of the parties was sound and that there was no basis for altering the maintenance payments ordered. The appeal and cross-appeal were dismissed, and no order was made as to costs.

Orders

Orders of the court

1.

The appeal be dismissed.

2.

The cross-appeal be dismissed.

3.

There be no order as to costs.

Note: The form of the order is subject to the entry of the order in the Court’s records.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.