Masoud & Masoud

The case of Masoud & Masoud involved an appeal against the orders made by Fowler J in the Family Court of Australia on 4 October 2013. The husband appealed various aspects of the orders, including those related to property distribution, spouse maintenance, and child support. The appeal primarily focused on the trial judge's handling of the notional property of the parties and the husband's post-separation contributions.

The legal issues before the court revolved around whether the trial judge had adopted an inconsistent approach in considering notional property and whether the judge had sufficiently regarded the husband's post-separation contributions. The husband argued that the trial judge's reference to notional property in assessing contributions, despite earlier refusing to take it into account for determining the property pool, constituted an inconsistency. Additionally, the husband contended that his post-separation contributions warranted an adjustment in the parties' interests, which the trial judge had allegedly failed to properly evaluate.

The court found no merit in the husband's argument regarding the inconsistent approach to notional property, considering it more a matter of infelicity of language rather than a substantive error. Regarding the husband's post-separation contributions, the court held that the husband's challenge to the weight attributed to particular matters in the exercise of discretion faced a significant hurdle and that no appellate error had been demonstrated. Consequently, the appeal concerning the property orders, spouse maintenance, and child support was allowed, and the orders were set aside. The case was remitted for rehearing by a different judge of the Family Court of Australia, with no order as to costs.