R & H

The Full Court of the Family Court of Australia considered an appeal concerning property settlement following a marriage breakdown. The dispute involved the division of assets and the weight to be given to various contributions made by the parties, including post-separation contributions and contributions made in supporting a step-child.

The primary legal issues before the Court were whether the trial judge erred in assessing the parties' contributions, particularly in relation to the husband's post-separation contributions and his role in supporting the wife's child from a previous relationship. The Court also had to consider the impact of a significant delay in the delivery of the trial judgment on the reliability of the credit findings made by the judge.

The Court analysed the principles governing the assessment of contributions under the *Family Law Act 1975* (Cth), emphasising that both financial and non-financial contributions, including those made post-separation and those relating to the care and welfare of children, are to be taken into account. The Court found that the trial judge had adequately considered these factors, and that the delay in judgment delivery, while regrettable, did not render the credit findings unreliable to the extent that the appeal should be allowed on that ground. The Court affirmed that the ultimate question was one of just and equitable distribution, considering all relevant circumstances.