Fryer & Fryer (No. 5)

This matter concerned an appeal to the Full Court of the Family Court of Australia following a property settlement decision made by a trial judge. The appeal arose from the husband's failure to comply with directions to provide financial information, which impacted the calculation of the property pool. The wife sought property settlement and costs.

The Full Court was required to determine whether the trial judge erred in calculating the property pool, particularly in light of the husband's non-compliance with court directions. Additionally, the court considered whether the "slip rule" was applicable and whether the lump sum costs order made by the trial judge was valid, given it was made without a bill in taxable form or assessment.

The Full Court found that the trial judge had erred in the calculation of the property pool and that the costs order was improperly made. The court allowed the appeal, setting aside certain orders of the trial judge. The applications for property settlement and the wife's application for costs were remitted for further hearing before the trial judge. The court also made orders regarding the continuation of existing undertakings and orders until the rehearing, and detailed a process for submissions regarding the costs of the appeal.