Keach & Keach

The Full Court of the Family Court of Australia heard an appeal concerning property settlement orders made by a single judge. The parties, Mr Keach and Ms Keach, sought to appeal the original orders concerning the division of their matrimonial assets.

The primary legal issues before the Full Court were whether the single judge had erred in: (a) failing to give sufficient weight to the contributions of each party to the marriage, particularly Ms Keach's non-financial contributions; (b) failing to adequately consider the future needs of the parties; and (c) making orders that were not just and equitable.

The Full Court found that the single judge had indeed erred in their assessment of the parties' contributions and future needs. The Court emphasised the importance of considering all contributions, both financial and non-financial, over the course of the marriage. It also highlighted that future needs, including earning capacity and health, must be given due weight in determining a just and equitable property division. The Court determined that the original orders did not adequately reflect these considerations.

Consequently, the Full Court allowed the appeal, set aside the original property settlement orders, and remitted the matter back to the Family Court for redetermination by a different judge.