Macarthur & Macarthur (No 3)

Case [2024] FedCFamC1A 35


FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 1) APPELLATE JURISDICTION

Macarthur & Macarthur (No 3) [2024] FedCFamC1A 35

Appeal from: Macarthur & Macarthur (No 5) [2023] FedCFamC1F 964
Appeal number: NAA 339 of 2023
File number: BRC 6154 of 2020
Judgment of: ALDRIDGE, TREE & HARPER JJ
Date of judgment: 22 March 2024
Catchwords: FAMILY LAW – APPEAL – Property – Superannuation – Where the wife appeals from final property orders under which she received almost all available assets apart from superannuation – Where no superannuation splitting order could be made in the absence of necessary evidence of taxation consequences and any complying superfund into which a split proportion could be paid in favour of the wife – Where the wife refers to errors of fact, inadequate reasoning, failure to take into account or misunderstanding evidence, bias, procedural unfairness, inadequate assessment of health, manifest injustice – Where the wife did not provide a transcript of the trial to support claims of bias or denial of procedural fairness – Where the wife sought to rely on voluminous documents many of which were not before the primary judge – Where the grounds of appeal are difficult to understand – Where no discernible error in the primary judge’s reasons – Appeal dismissed.
Legislation:

Child Support (Assessment) Act 1989 (Cth) ss 117, 123, 124

Family Law Act 1975 (Cth) ss 72, 79

Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r 13.23

Cases cited:

Allesch v Maunz (2000) 203 CLR 172; [2000] HCA 40

Bahonko v Sterjov (2008) 166 FCR 415; [2008] FCAFC 30

Bartram & Marsden [2023] FedCFamC1A 207

Chang v Su (2002) FLC 93-117; [2002] FamCA 156

Coal and Allied Operations Pty Ltd v Australian Industrial Relations Commission (2000) 203 CLR 194; [2000] HCA 47

Concrete Pty Ltd v Parramatta Design & Developments Pty Ltd (2006) 229 CLR 577; [2006] HCA 55

De Winter and De Winter (1979) FLC 90-605

Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63

Edwards v Noble (1971) 125 CLR 296; [1971] HCA 54

Fox v Percy (2003) 214 CLR 118; [2003] HCA 22

Gronow v Gronow (1979) 144 CLR 513; [1979] HCA 63

HDM & MM [2006] FamCA 47

House v The King (1936) 55 CLR 499; [1936] HCA 40

Johnson v Johnson (2000) 201 CLR 488; [2000] HCA 48

Kioa v West (1985) 159 CLR 550; [1985] HCA 81

Macarthur & Macarthur (No 2) [2024] FedCFamC1A 8

Milankov and Milankov (2002) FLC 93-095; [2002] FamCA 195

Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507; [2001] HCA 17

Neil v Nott (1994) 121 ALR 148; [1994] HCA 23

Reid v Commercial Club (Albury) Ltd [2014] NSWCA 98

Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1; [2003] HCA 6

Royal Guardian Mortgage Management Pty Ltd v Nguyen (2016) 332 ALR 128

Continue reading Macarthur & Macarthur (No 3)

Sign in free to access the full text

Details
AGLC
Macarthur & Macarthur (No 3) [2024] FedCFamC1A 35
Case
[2024] FedCFamC1A 35
Decision Date

CaseChat Overview and Summary

Ms Macarthur appealed from final property orders made by the Federal Circuit and Family Court of Australia, which awarded her almost all available assets apart from superannuation. The husband, Mr Macarthur, opposed the appeal. The wife sought to appeal on multiple grounds, including alleged errors of fact, inadequate reasoning, failure to take into account evidence, bias, procedural unfairness, inadequate assessment of her health, and manifest injustice. The wife also argued that the trial judge misunderstood the evidence and made a discernible error in his reasons.

The court found that the wife's grounds of appeal were difficult to understand and did not provide a transcript of the trial to support claims of bias or procedural unfairness. The court also noted that the wife sought to rely on voluminous documents, many of which were not before the primary judge. The court concluded that there was no discernible error in the primary judge’s reasons for the orders. The court dismissed the wife’s appeal on the basis that the grounds presented were inadequate and did not demonstrate any error warranting the appeal.

The court found no merit in the wife's arguments and affirmed the original property orders. Consequently, the appeal was dismissed in its entirety. The court's order was that the appeal NAA 339 of 2023 is dismissed, with no changes to the property orders previously made.

Orders

Orders of the court

NAA 339 of 2023

BRC 6154 of 2020

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

DIVISION 1 APPELLATE JURISDICTION

BETWEEN:

MS MACARTHUR

Appellant

AND:

MR MACARTHUR

Respondent

ORDER MADE BY:

ALDRIDGE, TREE & HARPER JJ

DATE OF ORDER:

22 MARCH 2024

THE COURT ORDERS THAT:

1. Appeal NAA 339 of 2023 is dismissed.

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 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

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.