Keehan & Keehan

The case of Keehan & Keehan involves an appeal by the wife against the orders made by Judge Turner in the Family Court of Australia. The wife challenged both the parenting and property orders made by the trial judge, contending that the judge had erred in not providing a means of communication between the parties, had not adequately considered the reasonable practicability of the orders, and had not properly exercised discretion in relation to the property settlement. The husband defended the orders, asserting that the trial judge's findings were supported by the evidence and that there was no error in the exercise of discretion.

The legal issues before the court included whether the trial judge had erred in failing to provide a means of communication between the parties given their limited capacity to communicate, and whether the trial judge had adequately considered the reasonable practicability of the orders. In relation to the property settlement, the court considered whether the orders fell outside a reasonable range of adjustment, whether the trial judge had erred by taking into account the wife’s restriction on the father’s time with the children post-separation, and whether the trial judge had adequately considered the wife’s post-separation contributions. Additionally, the court assessed whether the trial judge's adjustment to the interests of the parties amounted to double counting.

The court found that the trial judge's findings were open to her on the evidence and that there was no error in her decision-making. The court held that the trial judge had adequately considered the reasonable practicability of the orders and had not erred in her exercise of discretion. Regarding the property settlement, the court found that the orders did not fall outside a reasonable range of adjustment and that the trial judge had adequately taken into account the wife’s post-separation contributions. The court also determined that the trial judge's adjustment to the interests of the parties did not amount to double counting. Consequently, the appeal was dismissed.

The court granted leave to the wife to amend the grounds of appeal and dismissed the appeal against the parenting and property orders made by Judge Turner. The court further ordered that the husband file and serve submissions in support of any application for costs within twenty-one days, followed by the wife's submissions in response within another twenty-one days.