FAMILY COURT OF AUSTRALIA
| LANE & LANE | [2016] FamCAFC 53 |
| FAMILY LAW – APPEAL – PROPERTY SETTLEMENT – Consent order – Where the appellant wife seeks to set aside consent orders made in 2003 – Whether the wife’s consent to the orders was obtained by duress – Where the husband deliberately suppressed evidence of the value of the parties’ assets – Whether the wife knew the value of the parties’ assets at the date of the orders – Where there was a miscarriage of justice – Where the trial judge adopted a flawed approach to s 79A and thereby erred in law – Where the value of the wife’s entitlement under the consent orders was incorrectly determined – Where error in calculation of the wife’s entitlement was immaterial – Appeal dismissed. FAMILY LAW – APPEAL – COSTS – Where the husband sought that the wife pay his costs of and incidental to the appeal if the appeal failed – Where some challenges were successfully made out – Where it is appropriate that each party bear their own costs. |
| Family Law Act 1975 (Cth): ss 75(2), 79(2), 79(4), 79A(1)(a) and 117 |
| Anderson v Anderson (2000) FLC 93-016 Barker v Barker (2007) 36 Fam LR 650 Bigg v Suzi (1998) FLC 92-799 Ebner & Pappas (2014) FLC 93-619 Gebert & Gebert (1990) FLC 92-137 Green & Kwiatek (1982) FLC 91-259 Harris v Caladine (1991) 172 CLR 84 Holland & Holland (1982) FLC 91-243 In the marriage of Clifton and Stuart (1991) FLC 92-194 Korsky and Bright & Anor (No 2) (2007) FLC 93-352 Lowe v Harrington (1997) FLC 92-747 Pelerman v Pelerman (2000) FLC 93-037 Rohde and Rohde (1984) FLC 91-592 Stanford v Stanford (2012) 247 CLR 108 Suiker and Suiker (1993) FLC 92-436 Taylor and Taylor (1977) FLC 90-226 |
| APPELLANT: | Ms Lane |
| RESPONDENT: | Mr Lane |
| FILE NUMBER: | MLC | 8674 | of | 2010 |
| APPEAL NUMBER: | EA | 98 | of | 2013 |
| DATE DELIVERED: | 14 April 2016 |
| PLACE DELIVERED: | Sydney |
| PLACE HEARD: | Sydney |
| JUDGMENT OF: | Ainslie-Wallace, Ryan & Murphy JJ |
| HEARING DATE: | 28 April 2015 |
| LOWER COURT JURISDICTION: | Family Court of Australia |
| LOWER COURT JUDGMENT DATE: | 19 June 2013 |
| LOWER COURT MNC: | [2013] FamCA 466 |
REPRESENTATION
| COUNSEL FOR THE APPELLANT: | Mr Dickson QC |
| SOLICITOR FOR THE APPELLANT: | Lander & Rogers |
| COUNSEL FOR THE RESPONDENT: | Mr Campton SC |
| SOLICITOR FOR THE RESPONDENT: | Phelps Reid Lawyers |
Orders
The appeal from the orders of Justice Loughnan made on 19 June 2013 is dismissed.
There is no order as to costs.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Lane & Lane has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
| THE FULL COURT OF THE FAMILY COURT OF AUSTRALIA AT SYDNEY |
Appeal Number: EA 98 of 2013
File Number: MLC 8674 of 2010
| Ms Lane |
Appellant
and
| Mr Lane |
Respondent
REASONS FOR JUDGMENT
Ainslie-Wallace and Ryan JJ
Ms Lane (“the wife”) appeals against an order of Justice Loughnan of 19 June 2013 dismissing her…
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- Lane & Lane [2016] FamCAFC 53
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- [2016] FamCAFC 53
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CaseChat Overview and Summary
The central legal issues before the court were whether the wife’s consent was indeed obtained through duress and if there was a miscarriage of justice due to the suppression of evidence. The court also had to consider whether the trial judge’s approach to section 79A was correct and if the error in calculating the wife’s entitlement was material. The court held that although there were errors in the trial judge’s approach and calculations, they did not impact the final outcome. The appeal was dismissed as the wife’s contentions did not meet the threshold for setting aside the consent orders.
The reasoning of the court focused on the nature of the wife’s consent and the impact of any errors in the trial judge’s approach. The court found that the wife’s allegations of duress were not substantiated, and any errors in the calculation of her entitlement did not affect the final outcome. Therefore, the appeal was dismissed, and there was no order as to costs. Each party was left to bear their own costs.
Orders
Orders of the court
1.
The appeal from the orders of Justice Loughnan made on 19 June 2013 is dismissed.
2.
There is no order as to costs.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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