MR HUGHESAppellant/Husband- and -MS HUGHES

This appeal concerned the division of a modest asset pool between a husband and wife. The Full Court of the Family Court of Australia was asked to determine whether the trial judge's initial property division was manifestly unjust.

The primary legal issue before the Full Court was whether the trial judge had exceeded the "generous ambit" of his discretion in ordering a 60:40 property split in favour of the wife. The husband argued that this division was manifestly unjust, necessitating a re-exercise of discretion by the appellate court.

The Full Court found that the trial judge had indeed erred in his assessment, exceeding the generous ambit of his discretion. Applying established legal principles regarding property division in family law matters, the Court re-exercised its discretion.

The Full Court ordered that the property be divided 55:45 in favour of the wife.