Lock & James

This matter concerned an appeal to May J of the Federal Court of Australia concerning decisions made by a Federal Magistrate regarding property settlement and parenting orders. The appeal involved a dispute between Lock and James, who were formerly in a de facto relationship.

The primary legal issues before May J were whether the Federal Magistrate had erred in her assessment of the parties' contributions to their property pool under section 79 of the *Family Law Act 1975* (Cth), and whether the parenting orders made concerning the parties' children were in the children's best interests. The court was also required to consider the matter of costs, including the potential for a certificate under the *Federal Proceedings (Costs) Act 1981* (Cth).

In relation to the property settlement, May J found that the Federal Magistrate had correctly assessed the substantial contribution made by the husband from a damages claim. However, on the parenting orders, May J determined that the Federal Magistrate had failed to adequately consider the best interests of the children when making orders regarding their time with each parent. Consequently, the appeal was allowed in part, with the parenting orders set aside and a rehearing ordered. The appeal concerning property settlement was dismissed.