Lun and Lun

This matter came before the Full Court of the Family Court of Australia, comprising Barblett D.c.j., Finn and Mushin JJ, on the husband's appeal against orders made in proceedings between him and the wife. The wife's application had been pending for nearly two years, and a prior determination of the validity of the marriage in November 1995, upheld on appeal in June 1996, was not in dispute. Procedural orders had been made in September 1996 for a February 1997 hearing, but the husband failed to comply with document filing requirements within the stipulated time.

The primary legal issue before the Full Court concerned the husband's appeal against orders that, in essence, postponed the determination of his cross-vested claims until after the proceedings between him and the wife under s 79 of the Family Law Act 1975 (Cth) were resolved. The husband contended that this postponement would cause him prejudice and that fresh evidence should be admitted on appeal.

The Full Court reasoned that the husband would suffer little, if any, prejudice from the postponement of his cross-vested claims. In fact, the Court noted that the husband might be substantially advantaged by having these claims determined after the s 79 proceedings. The Court dismissed the husband's appeal, finding no merit in his grounds, including the application for fresh evidence. The husband was ordered to pay the wife's costs of the appeal.