Marsh & Marsh

The appeal in Marsh & Marsh [2014] FamCAFC 24 concerned a challenge to the orders made by the Federal Magistrate in respect of a property settlement between the parties. The wife appealed against the orders made by the Federal Magistrate on the basis that his assessment of the parties’ contributions and the adjustment made pursuant to s 75(2) of the Family Law Act 1975 (Cth) was erroneous. The Full Court allowed the appeal on the basis that the Federal Magistrate’s assessment of the parties’ contributions and the adjustment pursuant to s 75(2) fell outside the bounds of a reasonable exercise of the Court’s discretion. The Court found that the Federal Magistrate had erred by not giving proper consideration to the wife’s contributions as a homemaker and parent and the impact of those contributions on the husband’s income and the parties’ assets. The Court also found that the Federal Magistrate had erred by failing to take into account the disparity in the parties’ incomes and the husband’s income and bonuses when making the s 75(2) adjustment. The Court allowed the appeal and remitted the matter to the Federal Circuit Court for re-hearing.