Harries v Harries

Case

[2011] FamCAFC 113

24 May 2011


Details
AGLC Case Decision Date
Harries v Harries [2011] FamCAFC 113 [2011] FamCAFC 113 24 May 2011

CaseChat Overview and Summary

The appeal was brought by the husband, Harries, against a decision of the Family Court of Australia regarding the property settlement following his divorce from the wife, Harries. The primary judge had made a number of orders pertaining to the distribution of the parties’ property, including an order that the husband’s interest in a particular property be transferred to the wife. The husband appealed this decision on the grounds of error of law and/or misapprehension of evidence.

The central issue for the court was whether the primary judge erred in making the orders he did. The husband contended that the primary judge failed to take into account the need to make fair and reasonable provision for his future needs, including his need for ongoing accommodation. The court was required to consider whether the primary judge had erred in making the orders in the way he did, and whether those orders were manifestly unjust.

The court found that the primary judge had not erred in making the orders he did. The court found that the husband had not demonstrated that the primary judge had failed to take into account his future needs, including his need for accommodation, and that the orders made were not manifestly unjust. The court found that the primary judge had made a proper exercise of his discretion in making the orders he did, and that there was no error of law or misapprehension of evidence. The appeal was dismissed, and the parties were directed to file written submissions regarding the costs of the appeal.
Details

Areas of Law

  • Civil Litigation & Procedure

Legal Concepts

  • Appeal

  • Costs

Actions
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Cases Cited

7

Statutory Material Cited

0

DL v The Queen [2018] HCA 26