FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1) APPELLATE JURISDICTION
Jakobsson & Jakobsson (No 2) [2025] FedCFamC1A 137
Appeal from: Jakobsson & Jakobsson (No 2) [2024] FedCFamC2F 1873 Appeal number: NAA 45 of 2025 File number: DNC 200 of 2023 Judgment of: SCHONELL J Date of judgment: 1 August 2025 Catchwords: FAMILY LAW – APPEAL – PROPERTY – Where the appellant contended that the primary judge erred by denial of procedural fairness – Where the appellant contended that the primary judge impermissibly added back monies withdrawn by the appellant from his SMSF – Where the appellant contended the primary judge dealt with the proceeds of sale of a property impermissibly – Where the appellant submitted that the superannuation splitting order made by the primary judge was made without first having given procedural fairness to the trustee of the superannuation fund – Where the respondent conceded that procedural fairness should have been afforded to the trustee of the superannuation fund – Appeal allowed – Re-exercise of discretion – Consideration of addbacks in light of the Family Law Amendment Act 2024 (Cth) – Costs certificates issued to both parties. Legislation: Family Law Act 1975 (Cth) Pts VIII, VIIIB, s 79, 114UB
Family Law Amendment Act 2024 (Cth)
Federal Circuit and Family Court of Australia Act 2021 (Cth) s 35(b)
Federal Proceedings (Costs) Act 1981 (Cth) ss 6 and 9
Cases cited: Barre & Barre (Superannuation) [2021] FamCA 463
CDJ v VAJ (No 1) (1998) 197 CLR 172; [1998] HCA 67
Chan & Lee (2022) FLC 94-089; [2022] FedCFamC1A 85
Dickons v Dickons (2012) 50 Fam LR 244; [2012] FamCAFC 154
Gronow v Gronow (1979) 144 CLR 513; [1979] HCA 63
Hedlund & Hedlund (2021) FLC 94-065; [2021] FedCFamC1A 84
House v The King [1936] 55 CLR 499; HCA 40
Jakobsson & Jakobsson [2025] FedCFamC1A 47
Kioa v West [1985] 159 CLR 550; HCA 81
Naisby & Naisby [2021] FamCAFC 92
Omacini v Omacini (2005) FLC 93-218; [2005] FamCA 195
Royal Guardian Mortgage Management Pty Ltd v Nguyen [2016] 332 ALR 128; [2016] NSWCA 88
Shinohara & Shinohara [2025] FedCFamC1A 126
Stead v State Government Insurance Commission [1986] 161 CLR 141; [1986] HCA 54;
Trevi & Trevi (Re-Exercise) [2019] FamCAFC 51
Trevi & Trevi (2018) FLC 93-858; [2018] FamCAFC 173
Number of paragraphs: 84 Date of hearing: 7 July 2025 Place: Sydney via audiovisual link Counsel for the Appellant: Dr Owoeye Solicitor for the Appellant: Layebs Law Solicitor Advocate for the Respondent: Dr Kelly, Kelly & Partners Lawyers ORDERS
NAA 45 of 2025
DNC 200 of 2023FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTIONBETWEEN: MR JAKOBSSON
Appellant
AND: MS JAKOBSSON
Respondent
ORDER MADE BY:
SCHONELL J
DATE OF ORDER:
1 AUGUST 2025
THE COURT ORDERS THAT:
1.The Appeal is allowed.
2.The Application in an Appeal filed by the respondent is dismissed.
3.The application for costs of the appeal…
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- AGLC
- Jakobsson & Jakobsson (No 2) [2025] FedCFamC1A 137
- Case
- [2025] FedCFamC1A 137
- Decision Date
CaseChat Overview and Summary
The court examined the grounds of appeal and found error in relation to only one ground. It was established that the primary judge had failed to provide procedural fairness to the trustee of the superannuation fund. The court re-exercised its discretion to make final orders under Part VIII of the Family Law Act 1975 (Cth), taking into account the Family Law Amendment Act 2024 (Cth). The court allowed the appeal and set aside the previous orders, issuing new orders for the division of property and the payment of costs certificates to both parties.
In conclusion, the court allowed the appeal and set aside the previous orders, issuing new orders for the division of property and the payment of costs certificates to both parties. The appellant was required to pay the respondent a specified amount within 60 days, and both parties were to execute the necessary documents for the sale of a specified property and the transfer of ownership of other properties. The court also provided for enforcement actions in the event of non-compliance with the new orders.
Orders
Orders of the court
NAA 45 of 2025
DNC 200 of 2023
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTION
BETWEEN:
MR JAKOBSSON
Appellant
AND:
MS JAKOBSSON
Respondent
ORDER MADE BY:
SCHONELL J
DATE OF ORDER:
1 AUGUST 2025
THE COURT ORDERS THAT:
1. The Appeal is allowed.
2. The Application in an Appeal filed by the respondent is dismissed.
3. The application for costs of the appeal sought by the appellant is dismissed.
4. The application for costs of the appeal sought by the respondent is dismissed.
5. The appellant 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 the appellant in respect of the costs incurred by him in the appeal.
6. The respondent 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 the respondent in respect of the costs incurred by her in the appeal.
7. The orders made 24 December 2024 are set aside and, in lieu thereof, the following orders are made pursuant to Pt VIII of the Family Law Act 1975 (Cth).
8. The appellant is to pay the respondent within 60 days $51,474.72.
9. The parties are to forthwith do all acts and things and sign all documents necessary to sell the property at Suburb B (“Suburb B property”) and for the purposes of giving effect to this order they shall:
(a) sign all documents necessary to list the Suburb B property for sale by private treaty;
(b) Attempt to agree on the real estate agent to be appointed for the sale of the Suburb B property and failing agreement either party shall be at liberty to appoint a real estate agent conducting his or her business in the approximate locality of the Suburb B property;
(c) Attempt to agree upon a price for sale and failing agreement, the price shall be the value ascertained by a professional valuer that is registered with the Australian Property Institute with the cost to be equally shared;
(d) Instruct a solicitor to act on the sale;
(e) Execute any contract for sale of the Suburb B property at a price equal to the value identified in the preceding subparagraphs;
(f) Cause the proceeds of sale to be paid as follows;
(i) In payment of agents commission or auction expenses if applicable
(ii) In discharge of the mortgage secured over the property;
(iii) In payment to O Association $4,375;
(iv) In payment to the respondent 63 percent of the balance remaining;
(v) In payment to the respondent of any amount unpaid pursuant to order 8 together with interest;
(vi) Balance to the appellant.
10. The respondent do all things and sign all documents necessary at the cost of the appellant to make the appellant the sole owner of the properties located in Local C property and Local D property.
11. In the event of a failure by either party to comply with any of the provisions of these orders such that enforcement action is required the procedure for enforcement shall be as follows:
(a) the party who seeks to enforce the relevant provisions of the orders shall give the other party fourteen (14) days’ notice of their compliance demand;
(b) should the party who seeks to enforce the relevant provisions of the orders deem enforcement action appropriate they may after giving the other party fourteen (14) days’ notice detailed above take enforcement action.
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
Evidence
Evidence Before The Court
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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