Hunter and Borman & Anor

Hunter and Borman & Anor was a family law appeal heard in the Family Court of Australia. The primary issue was the appeal of a decision regarding the distribution of assets and property between the parties. The appeal was brought by Hunter against Borman and another respondent. The appeal court was tasked with deciding whether the original decision was correct in its exercise of discretion and whether the proceedings should be remitted for rehearing.

The court had to determine whether the primary judge exercised their discretion correctly in making the orders and if there were any grounds for setting aside the orders made on 16 March 2020, excluding the orders concerning the J Foundation. The court also had to consider if the proceedings should be remitted for rehearing by a different judge and whether any costs should be awarded to either party.

The Family Court of Australia allowed the appeal, setting aside the orders made on 16 March 2020, except for those concerning the J Foundation. The court held that the original decision was flawed in its exercise of discretion and that the proceedings should be remitted for rehearing by a different judge. The court also declined to order costs under section 117 of the Family Law Act 1975 but granted costs certificates under the Federal Proceedings (Costs) Act 1981 for both parties in relation to the appeal and the rehearing.