Goncharov & Goncharova - [2025] FedCFamC1A 107

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1) APPELLATE JURISDICTION
Goncharov & Goncharova [2025] FedCFamC1A 107

Appeal from: Goncharova & Goncharov (No 2) [2024] FedCFamC1F 803

Appeal number: NAA 376 of 2024

File number: SYC 1111 of 2020

Judgment of: AUSTIN, MCGUIRE & CURRAN JJ

Date of judgment: 19 June 2025

Catchwords: FAMILY LAW – APPEAL – PROPERTY – Where the husband appeals final property orders as to the exchange rate used to value the parties’ properties in Country B – Where the primary judge erred by valuing the Country B properties using the 2022 exchange rate and not the rate at the date of trial – Where the error is discrete and confined – Where the husband’s complaint of lack of procedural fairness is without merit – Where the remaining grounds of appeal were abandoned – Appeal allowed – Re-exercise of discretion – Where the parties agreed for the value of the Country B properties to be corrected using the current exchange rate – Costs certificates ordered.

Legislation:
Evidence Act 1995 (Cth) s 144

Family Law Act 1975 (Cth) ss 79, 117

Federal Circuit and Family Court of Australia Act 2021 (Cth) ss 36, 67

Federal Proceedings (Costs) Act 1981 (Cth), ss 6, 9

Cases cited:
Concrete Pty Ltd v Parramatta Design & Developments Pty Ltd (2006) 229 CLR 577; [2006] HCA 55

Goldie v Minister for Immigration and Multicultural Affairs (1999) 56 ALD 321; [1999] FCA 1277

Hickey v Hickey & Attorney-General of the Commonwealth (Intervener) (2003) FLC 93-143; [2003] FamCA 395

Omacini & Omacini (2005) FLC 93-218; [2005] FamCA 195

Royal Guardian Mortgage Management Pty Ltd v Nguyen (2016) 332 ALR 128; [2016] NSWCA 88

Number of paragraphs: 50

Date of hearing: 2 June 2025

Place: Sydney

Counsel for the Appellant: Mr Donaldson

Solicitor for the Appellant: Genuine Legal Family Law

Counsel for the Respondent: Ms Giacomo

Solicitor for the Respondent: Consort Family Law
ORDERS

NAA 376 of 2024
SYC 1111 of 2020

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTION

BETWEEN:
MR GONCHAROV

Appellant

AND:
MS GONCHAROVA

Respondent

ORDER MADE BY:

AUSTIN, MCGUIRE & CURRAN JJ

DATE OF ORDER:

19 JUNE 2025

THE COURT ORDERS THAT:
1.The appeal is allowed.
2.Orders 2 and 5(f) of the orders made on 26 November 2024 are set aside.
3.Pursuant to s 79 of the Family Law Act1975 (Cth) within 7 days from the date of these orders the husband must do all acts and things necessary to transfer the sum of $28,865.86 from the funds held in his CBA account ending in #...27 to the wife’s nominated account and thereafter he retain the balance of the proceeds of account #...27.
4.Pending compliance with Order 3, the husband be restrained from making any debits from that account or otherwise dealing with that account including setting up direct debits and withdrawing funds.
5.The husband is granted a costs certificate pursuant to s 9 of the Federal Proceedings (Costs) Act 1981 (Cth), being a certificate…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Goncharov & Goncharova

Details

AGLC: Goncharov & Goncharova [2025] FedCFamC1A 107
Case: [2025] FedCFamC1A 107
Decision Date: 19 June 2025

CaseChat Overview and Summary

In the matter of Goncharov & Goncharova, the husband, Mr Goncharov, appeals the final property orders made in the family law proceedings. The dispute centred on the valuation of the parties' properties located in Country B, with the husband challenging the exchange rate used by the primary judge. The matter was heard in the Federal Circuit and Family Court of Australia, Division 1 Appellate Jurisdiction.

The key legal issue before the court was whether the primary judge erred in using the 2022 exchange rate instead of the rate at the date of trial to value the Country B properties. The husband argued that the primary judge's use of the 2022 rate resulted in an undervaluation of the properties. Additionally, the husband contended that the process was unfair due to the delay in finalising the valuation. However, the husband abandoned his remaining grounds of appeal during the hearing.

The court found that the primary judge had indeed erred in using the 2022 exchange rate, as it was not the rate at the date of trial. This error was considered discrete and confined to the valuation of the Country B properties. The court also rejected the husband's claim of procedural unfairness, stating that the husband had not demonstrated any prejudice caused by the delay. Given the parties' agreement to correct the valuation using the current exchange rate, the court exercised its discretion under section 79 of the Family Law Act 1975 (Cth) to set aside the relevant orders and direct the husband to transfer funds accordingly. The court also granted costs certificates to both parties under the Federal Proceedings (Costs) Act 1981 (Cth).

Orders

Orders of the court

NAA 376 of 2024

SYC 1111 of 2020

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

DIVISION 1 APPELLATE JURISDICTION

BETWEEN:

MR GONCHAROV

Appellant

AND:

MS GONCHAROVA

Respondent

ORDER MADE BY:

AUSTIN, MCGUIRE & CURRAN JJ

DATE OF ORDER:

19 JUNE 2025

THE COURT ORDERS THAT:

1. The appeal is allowed.

2. Orders 2 and 5(f) of the orders made on 26 November 2024 are set aside.

3. Pursuant to s 79 of the Family Law Act 1975 (Cth) within 7 days from the date of these orders the husband must do all acts and things necessary to transfer the sum of $28,865.86 from the funds held in his CBA account ending in #...27 to the wife’s nominated account and thereafter he retain the balance of the proceeds of account #...27.

4. Pending compliance with Order 3, the husband be restrained from making any debits from that account or otherwise dealing with that account including setting up direct debits and withdrawing funds.

5. The husband is granted a costs certificate pursuant to s 9 of the Federal Proceedings (Costs) Act 1981 (Cth), being a certificate that, in the opinion of the Court, it would be appropriate for the Attorney-General to authorise a payment under that Act to her in respect of the costs incurred by her in relation to the appeal.

6. The wife is granted a costs certificate pursuant to s 6 of the Federal Proceedings (Costs) Act 1981 (Cth), being a certificate that, in the opinion of the Court, it would be appropriate for the Attorney-General to authorise a payment under that Act to him in respect of the costs incurred by him in relation to the appeal.

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

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

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.

NAA 376 of 2024 SYC 1111 of 2020
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA DIVISION 1 APPELLATE JURISDICTION
BETWEEN:	MR GONCHAROV Appellant
AND:	MS GONCHAROVA Respondent

Appeal from:	Goncharova & Goncharov (No 2) [2024] FedCFamC1F 803
Appeal number:	NAA 376 of 2024
File number:	SYC 1111 of 2020
Judgment of:	AUSTIN, MCGUIRE & CURRAN JJ
Date of judgment:	19 June 2025
Catchwords:	FAMILY LAW – APPEAL – PROPERTY – Where the husband appeals final property orders as to the exchange rate used to value the parties’ properties in Country B – Where the primary judge erred by valuing the Country B properties using the 2022 exchange rate and not the rate at the date of trial – Where the error is discrete and confined – Where the husband’s complaint of lack of procedural fairness is without merit – Where the remaining grounds of appeal were abandoned – Appeal allowed – Re-exercise of discretion – Where the parties agreed for the value of the Country B properties to be corrected using the current exchange rate – Costs certificates ordered.
Legislation:	Evidence Act 1995 (Cth) s 144 Family Law Act 1975 (Cth) ss 79, 117 Federal Circuit and Family Court of Australia Act 2021 (Cth) ss 36, 67 Federal Proceedings (Costs) Act 1981 (Cth), ss 6, 9
Cases cited:	Concrete Pty Ltd v Parramatta Design & Developments Pty Ltd (2006) 229 CLR 577; [2006] HCA 55 Goldie v Minister for Immigration and Multicultural Affairs (1999) 56 ALD 321; [1999] FCA 1277 Hickey v Hickey & Attorney-General of the Commonwealth (Intervener) (2003) FLC 93-143; [2003] FamCA 395 Omacini & Omacini (2005) FLC 93-218; [2005] FamCA 195 Royal Guardian Mortgage Management Pty Ltd v Nguyen (2016) 332 ALR 128; [2016] NSWCA 88
Number of paragraphs:	50
Date of hearing:	2 June 2025
Place:	Sydney
Counsel for the Appellant:	Mr Donaldson
Solicitor for the Appellant:	Genuine Legal Family Law
Counsel for the Respondent:	Ms Giacomo
Solicitor for the Respondent:	Consort Family Law

ORDER MADE BY:	AUSTIN, MCGUIRE & CURRAN JJ
DATE OF ORDER:	19 JUNE 2025