Phillips & Phillips

Phillips & Phillips concerned an appeal to the Full Court of the Family Court of Australia regarding property settlement orders made by a trial judge. The primary dispute between the parties revolved around the valuation of their former matrimonial home and whether the order for its sale was just and equitable under section 79 of the *Family Law Act 1975* (Cth).

The legal issues before the Full Court were whether the trial judge had erred in failing to determine the specific value of the former matrimonial home and, consequently, whether the order for its sale was a just and equitable outcome in the circumstances of the case.

The Full Court found that the trial judge had indeed erred by not making a finding as to the value of the former matrimonial home. This omission was significant because it meant that the court could not properly assess the overall property pool or determine a just and equitable distribution of assets. The Court reiterated the principle that a just and equitable division requires a proper understanding of the value of the assets being divided. Without a determined value for the home, the order for its sale, while potentially a valid mechanism for division, could not be confirmed as just and equitable.

Consequently, the Full Court set aside the property settlement orders made by the trial judge and remitted the matter back to the Family Court for redetermination, with directions that the value of the former matrimonial home be ascertained.