FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Keaty & Swann [2023] FedCFamC1F 178
File number(s) BRC 11973 of 2022 Judgment of WILSON J Date of judgment 27 March 2023 Catchwords FAMILY LAW – NATIONAL ARBITRATION LIST – s 10L arbitration – award registered – s 13J review application – wife as review applicant and applicant in the arbitration dissatisfied with award – 60/40 division on contributions with husband being awarded a 2.5% extra on s 75(2) issues – eventual result 57.5/42.5% division – no question of law properly framed – no basis shown for reviewing award – review application dismissed. Legislation Family Law Act 1975 (Cth) ss 13H, 13J, 13L, 75(2) and 79
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)
Cases cited D & D [2003] FamCA 473
De Winter v De Winter (1979) 4 Fam LR 583
Galea v Galea (1990) 19 NSWLR 263
Gronow v Gronow (1979) 144 CLR 513
In the Marriage of Zappacosta (1976) 2 Fam LR 11,214
Jabour v Jabour (2019) 59 Fam LR 475
Kennon v Kennon (1997) 22 Fam LR 1
Lovell v. Lovell (1950) 81 CLR 513
Mallet v Mallet (1984) 156 CLR 605
Norbis v Norbis (1986) 161 CLR 513
Paviello & Paviello [2022] FedCFamC1F 592
Sionko & Sionko [2022] FedCFamC1F 774
Stanford v Stanford (2012) 247 CLR 108
Vida & Vida [2022] FedCFamC1F 968
Articles cited ‘National Arbitration List – A Practical Look Two Years On’ presented to the Resolution Institute by the Honourable Justice Wilson (Sydney, 2022) <National Arbitration List – A Practical Look At The Last Two Years | Federal Circuit and Family Court of Australia (fcfcoa.gov.au)> Division Division 1 First Instance Number of paragraphs 81 Date of last submission 24 February 2023 Date of hearing On the papers Place Brisbane Solicitor for the applicant applicant in person Counsel for the respondent Ms A. J. Frizelle Solicitor for the respondent Freedom Law ORDERS
BRC 11973 of 2022 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN MS SWANN
Applicant
AND MR KEATY
Respondent
order made by
WILSON J
DATE OF ORDER
27 March 2023
THE COURT ORDERS THAT –
1.The wife’s application pursuant to s 13J of the Family Law Act dated 24 October 2022 is dismissed.
2.Any application for costs must be filed and served by noon on 21 April 2023 together with any affidavit in support and written submissions.
3.Any opposition to any costs application referred to in paragraph 2 above must be filed and served by noon on 19 May 2023 together with any affidavit in opposition and written submissions.
4.The question of costs will be decided thereafter on the papers.
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
Continue reading Keaty & Swann
Sign in free to access the full text
- AGLC
- Keaty & Swann [2023] FedCFamC1F 178
- Case
- [2023] FedCFamC1F 178
- Decision Date
CaseChat Overview and Summary
Wilson J began by noting the procedural history of the case, including the arbitral award's registration and the wife's subsequent review application. The wife, unrepresented, had repeatedly failed to comply with court directions regarding the supplementation of her review application. Despite the absence of any questions of law or grounds of review, the court examined the wife's contentions. The wife challenged various aspects of the arbitral award, including the assessment of contributions, the adjustment under section 75(2), and the consideration of domestic violence. The court found that the arbitrator had correctly applied the relevant statutory considerations and had not erred in making the adjustment under section 75(2) or in considering the wife's role as the primary carer and breadwinner. The wife's complaints about the one-off payment, the consideration of domestic violence, and other aspects of the award were found to be without merit. The court concluded that the arbitral award was a just and equitable division of the parties' assets, and the wife's application for review was dismissed. The wife's application for costs was left to be determined on the papers.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.