Marsden & Winch (No. 3)

The appeal concerned decisions made by a judge of the Family Court of Australia regarding children's time with a parent and property settlement. The parties involved were Marsden and Winch.

The court was required to determine whether the trial judge had made findings that were open to them, specifically in relation to orders concerning a child's time with the father and whether Part VII of the *Family Law Act 1975* (Cth) had been properly applied. Further issues included whether the trial judge had provided adequate reasons for not implementing expert recommendations and whether the reasons given for property settlement adjustments under section 75(2) of the *Family Law Act 1975* (Cth) were sufficient. The court also considered appeals relating to costs orders made at trial.

Regarding the children's time, the Full Court found no appealable error in the trial judge's findings or application of the *Family Law Act 1975* (Cth), dismissing that aspect of the appeal. However, concerning the property settlement, the Full Court found the reasons for the section 75(2) adjustment to be inadequate and re-exercised the discretion, making no orders in relation to this adjustment. The appeals concerning costs were allowed, with the Full Court finding that the trial judge had considered irrelevant considerations in making the original costs orders. The discretion was re-exercised, and each party was ordered to bear their own costs.