PJM & STM

The case of *PJM & STM* concerned an application for leave to appeal a decision of the Family Court of Australia. The applicants, PJM and STM, sought to appeal orders made by a judge of the Family Court concerning the division of property.

The primary legal issue before the Full Court of the Family Court was whether the primary judge had erred in their assessment of the contributions of each party to the marriage and in their consideration of future needs. Specifically, the court was required to determine if the primary judge had given sufficient weight to the non-financial contributions of one of the parties and whether the overall property settlement was just and equitable.

In its reasoning, the Full Court emphasised the broad discretion afforded to the Family Court in property settlement matters. It reiterated the principles that all contributions, financial and non-financial, must be assessed, and that future needs are a crucial factor in achieving a just and equitable outcome. The court found that while the primary judge had considered all relevant factors, there was an arguable error in the weighting given to certain contributions, which warranted further examination.

Consequently, the Full Court granted leave to appeal and remitted the matter back to the Family Court for redetermination.