PJ & NW

The parties in this matter were PJ and NW. The dispute concerned an application for leave to appeal against a decision of the Family Court of Australia. The appeal was heard by the Full Court of the Family Court of Australia, comprising Bryant CJ, Holden and May JJ.

The central legal issue before the Full Court was whether the primary judge had erred in law by failing to adequately consider the impact of a significant inheritance received by NW after the commencement of the proceedings but before the final hearing. Specifically, the court was asked to determine if this inheritance constituted a financial resource that ought to have been taken into account in the property settlement.

The Full Court reasoned that the primary judge had indeed erred by not giving sufficient weight to the inheritance. Applying established principles of family law, the court held that all financial resources available to the parties at the time of the final hearing should be considered, even if acquired after the breakdown of the relationship. The court emphasised that the purpose of property settlement is to achieve a just and equitable distribution, and failing to account for a substantial financial resource would undermine this objective.

Consequently, the Full Court granted leave to appeal, set aside the original orders, and remitted the matter back to the Family Court for redetermination, with directions to consider the inheritance as a financial resource.