PDM & JEM

The Full Court of the Family Court of Australia considered an appeal by PDM and JEM concerning property settlement orders made by a single judge. The dispute involved the division of assets and liabilities between the parties following the breakdown of their marriage.

The primary legal issues before the Full Court were whether the single judge erred in: (a) failing to give sufficient weight to the contributions of PDM to the marriage, particularly in relation to a business; (b) making an order for the sale of a property that was not justified by the evidence; and (c) failing to properly consider the impact of certain financial decisions made by JEM. The Court also considered whether the overall property settlement was just and equitable.

In its reasoning, the Full Court applied established principles of property settlement under the *Family Law Act 1975* (Cth), including the need to consider the contributions of each party, their financial resources, and the future needs of the parties and any children. The Court referred to cases such as *Gronow v Gronow* and *Abduramanoski and Abduramanoska* regarding the principles of appellate review in family law matters and the discretion of the trial judge. The Court found that while the single judge had considered the relevant factors, there was an error in the weight given to PDM's contributions and in the justification for the sale of the property.

The Full Court allowed the appeal in part, setting aside the order for the sale of the property and remitting that specific issue back to the trial court for redetermination. The remaining orders were affirmed.