FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1) APPELLATE JURISDICTION
Quincey & Quincey [2024] FedCFamC1A 30
Appeal from: Quincey & Quincey [2023] FedCFamC2F 791 Appeal number: NAA 205 of 2023 File number: BRC 10033 of 2021 Judgment of: TREE J Date of judgment: 15 March 2024 Catchwords: FAMILY LAW – APPEAL – Binding Financial Agreement – Where the husband appeals from an order setting aside the agreement on the basis that there had been material non-disclosure by him – Where the husband contends that the primary judge was restricted to the sole non-disclosure issue advanced by the wife in her pleadings – Where cases are determined on the evidence, not the pleadings – Where the husband contends the primary judge erred in fact in making the non-disclosure finding – Where the fact another judge may have reached a different factual conclusion does not mean the finding was not reasonably open on the evidence – Whether wife was estopped from denying the financial agreement was binding – Where it was implicitly conceded that if non-disclosure was established the estoppel claim fell away – Appeal dismissed – Costs ordered in a fixed sum. Legislation: Family Law Act 1975 (Cth) ss 79, 90C, 90G, 90K Cases cited: Bain & Bain (Deceased) (2017) FLC 93-772; [2017] FamCAFC 80
Banque Commerciale SA EN Liquidation v Akhil Holdings Ltd (1990) 169 CLR 279; [1990] HCA 11
Betfair Pty Ltd v Racing New South Wales [2010] FCAFC 133
Boensch v Pascoe (2019) 268 CLR 593; [2019] HCA 49
Browne v Dunn (1893) 6 R 67
Edwards v Noble (1971) 125 CLR 296; [1971] HCA 54
Fox v Percy (2003) 214 CLR 118; [2003] HCA 22
Jess & Jess (2021) FLC 94-055; [2021] FamCAFC 159
Kuhl v Zurich Financial Service Australia Ltd (2011) 243 CLR 361; [2011] HCA 11
LC and TC (1998) FLC 92-803; [1998] FamCA 47
Metwally v University of Wollongong (1985) 60 ALR 68; [1985] HCA 28
Prysmian Cavi E Sistemi SRL v Australian Competition and Consumer Commission [2018] FCAFC 30
Number of paragraphs: 86 Date of hearing: 20 December 2023 and 11 March 2024 Place: Cairns (via video link) Counsel for the Appellant: Mr Hackett Solicitor for the Appellant: Ramsden Lawyers Counsel for the Respondent: Mr Hartnett Solicitor for the Respondent: Genuine Legal ORDERS
NAA 205 of 2023
BRC 10033 of 2021FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTIONBETWEEN: MR QUINCEY
Appellant
AND: MS QUINCEY
Respondent
ORDER MADE BY:
TREE J
DATE OF ORDER:
15 MARCH 2024
THE COURT ORDERS THAT:
1.The Notice of Appeal filed 4 August 2023 is dismissed.
2.The appellant is to pay the respondent’s costs in the sum of $21,415.95 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…
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- AGLC
- Quincey & Quincey [2024] FedCFamC1A 30
- Case
- [2024] FedCFamC1A 30
- Decision Date
CaseChat Overview and Summary
The appeal raised several grounds, primarily focusing on whether the primary judge had correctly found material non-disclosure by the husband and whether the wife was estopped from denying the BFA's binding nature. The husband argued that the primary judge was restricted to the non-disclosure issue advanced by the wife in her pleadings, which was incorrect. The court emphasised that cases are determined on the evidence, not the pleadings. It further noted that even if another judge might have reached a different conclusion, the primary judge's findings were reasonably open based on the evidence presented. The husband also contended that the primary judge erred in fact, but this argument failed as the findings were reasonably supported by the evidence.
The court dismissed the appeal and ordered the husband to pay the wife's costs in a fixed sum of $21,415.95 within 28 days. The reasons for the judgment were that the primary judge's findings of material non-disclosure and the consequent setting aside of the BFA were supported by the evidence, and the husband's arguments did not persuade the appellate court to alter those findings. The court's order was final, subject to minor corrections or variations as permitted by the rules.
Orders
Orders of the court
NAA 205 of 2023
BRC 10033 of 2021
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTION
BETWEEN:
MR QUINCEY
Appellant
AND:
MS QUINCEY
Respondent
ORDER MADE BY:
TREE J
DATE OF ORDER:
15 MARCH 2024
THE COURT ORDERS THAT:
1. The Notice of Appeal filed 4 August 2023 is dismissed.
2. The appellant is to pay the respondent’s costs in the sum of $21,415.95 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).
Background
Background to the litigation
Evidence
Evidence Before The Court
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.