Pastore & Pastore - [2025] FedCFamC1A 135

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1) APPELLATE JURISDICTION
Pastore & Pastore [2025] FedCFamC1A 135

Appeal from: Pastore & Pastore (No 2) [2025] FedCFamC2F 26

Appeal number: NAA 81 of 2025

File number: MLC 11903 of 2021

Judgment of: ALDRIDGE J

Date of judgment: 23 July 2025

Catchwords: FAMILY LAW – APPEAL – Appeal from final property orders – Where the appellant has made a number of defaults in the preparation of the appeal – Oral application for adjournment refused – Where the appellant has failed to file a Summary of Argument – Where the appellant did not make submissions on the appeal – Where there is no apparent merit in the grounds of appeal – Appeal dismissed – Appellant to pay the respondent’s costs.

Legislation:
Family Law Act 1975 (Cth) ss 75, 114UB

Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) rr 13.23, 13.45

Cases cited:
Bennett and Bennett (1991) FLC 92-191; [1990] FamCA 148

Boulton & Boulton (2024) FLC 94-202; [2024] FedCFamC1A 132

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

Hedlund & Hedlund (2021) FLC 94-065; [2021] FedCFamC1A 84

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

Norbis v Norbis (1986) 161 CLR 513; [1986] HCA 17

Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110

Number of paragraphs: 20

Date of hearing: 23 July 2025

Place: Sydney (via video link)

The Appellant: Self-represented litigant

Counsel for the Respondent: Mr Duckett

Solicitor for the Respondent: Souki Lawyers
ORDERS

NAA 81 of 2025
MLC 11903 of 2021

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTION

BETWEEN:
MR PASTORE

Appellant

AND:
MS PASTORE

Respondent

ORDER MADE BY:

ALDRIDGE J

DATE OF ORDER:

23 JULY 2025

THE COURT ORDERS THAT:
1.The appellant’s oral application for an adjournment is dismissed.
2.The appeal is dismissed.
3.The appellant pay the costs of the respondent fixed in the sum of $19,848.63 within 28 days.

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).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under a pseudonym Pastore & Pastore has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).
EX TEMPORE
REASONS FOR JUDGMENT
ALDRIDGE J:
APPLICATION FOR AN ADJOURNMENT

This appeal is listed for final hearing today. It is in respect of property orders made by a judge of the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Pastore & Pastore

Details

AGLC: Pastore & Pastore [2025] FedCFamC1A 135
Case: [2025] FedCFamC1A 135
Decision Date: 23 July 2025

CaseChat Overview and Summary

In the matter of Pastore & Pastore, the appellant, Mr. Pastore, appealed against the final property orders made in family law proceedings. The respondent, Ms. Pastore, had sought property settlement following the dissolution of their marriage. The appeal was heard in the Family Court of Australia, Division 1 Appellate Jurisdiction. The appellant's appeal primarily concerned the fairness and appropriateness of the property settlement reached by the primary judge.

The legal issues before the court included whether the primary judge had correctly exercised their discretion in making the property orders and whether there were any errors in the valuation or division of the property. Additionally, the court considered whether the appellant's procedural defaults, such as the failure to file a Summary of Argument and the lack of substantive submissions, warranted any consideration in the context of the appeal's merit.

The court found that the appellant had made significant procedural errors by failing to adhere to the required filing deadlines and by not presenting a Summary of Argument or substantive submissions. Despite the appellant's oral application for an adjournment to remedy these defaults, the court refused the request, noting that the application came too late and that there was no merit in the grounds of appeal. The court concluded that the primary judge's determination was correct and that there were no substantial errors warranting an alteration to the property settlement orders. Therefore, the appeal was dismissed, and the appellant was ordered to pay the respondent's costs.

Orders

Orders of the court

NAA 81 of 2025

MLC 11903 of 2021

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

DIVISION 1 APPELLATE JURISDICTION

BETWEEN:

MR PASTORE

Appellant

AND:

MS PASTORE

Respondent

ORDER MADE BY:

ALDRIDGE J

DATE OF ORDER:

23 JULY 2025

THE COURT ORDERS THAT:

1. The appellant’s oral application for an adjournment is dismissed.

2. The appeal is dismissed.

3. The appellant pay the costs of the respondent fixed in the sum of $19,848.63 within 28 days.

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).

Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

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.

NAA 81 of 2025 MLC 11903 of 2021
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA DIVISION 1 APPELLATE JURISDICTION
BETWEEN:	MR PASTORE Appellant
AND:	MS PASTORE Respondent

Appeal from:	Pastore & Pastore (No 2) [2025] FedCFamC2F 26
Appeal number:	NAA 81 of 2025
File number:	MLC 11903 of 2021
Judgment of:	ALDRIDGE J
Date of judgment:	23 July 2025
Catchwords:	FAMILY LAW – APPEAL – Appeal from final property orders – Where the appellant has made a number of defaults in the preparation of the appeal – Oral application for adjournment refused – Where the appellant has failed to file a Summary of Argument – Where the appellant did not make submissions on the appeal – Where there is no apparent merit in the grounds of appeal – Appeal dismissed – Appellant to pay the respondent’s costs.
Legislation:	Family Law Act 1975 (Cth) ss 75, 114UB Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) rr 13.23, 13.45
Cases cited:	Bennett and Bennett (1991) FLC 92-191; [1990] FamCA 148 Boulton & Boulton (2024) FLC 94-202; [2024] FedCFamC1A 132 Gronow v Gronow (1979) 144 CLR 513; [1979] HCA 63 Hedlund & Hedlund (2021) FLC 94-065; [2021] FedCFamC1A 84 House v The King (1936) 55 CLR 499; [1936] HCA 40 Norbis v Norbis (1986) 161 CLR 513; [1986] HCA 17 Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110
Number of paragraphs:	20
Date of hearing:	23 July 2025
Place:	Sydney (via video link)
The Appellant:	Self-represented litigant
Counsel for the Respondent:	Mr Duckett
Solicitor for the Respondent:	Souki Lawyers

ORDER MADE BY:	ALDRIDGE J
DATE OF ORDER:	23 JULY 2025