JPW & SJW

The parties in this matter were JPW and SJW. The dispute concerned an application for leave to appeal a decision of the Family Court of Australia. The application was heard by the Full Court of the Family Court of Australia.

The primary legal issue before the Full Court was whether the primary judge had erred in law by failing to consider the impact of a proposed amendment to the *Family Law Act 1975* (Cth) on the final orders made in the proceedings. Specifically, the applicants sought to argue that the primary judge should have adjourned the final hearing to await the commencement of new provisions concerning property settlement.

The Full Court reasoned that the primary judge was not obliged to adjourn the proceedings to await the commencement of new legislation, particularly where the legislation had not yet been proclaimed. The Court held that the primary judge had correctly applied the law as it stood at the time of the hearing and that there was no error in failing to speculate on the future commencement of legislative provisions. The Court affirmed the principle that courts must apply the law in force at the time of their decision.

Leave to appeal was refused.