Roverati & Roverati

In the appeal of Roverati & Roverati, the appellant husband challenged the decision of the primary judge regarding the division of the net assets of the parties, excluding superannuation, under the Family Law Act 1975 (Cth). The wife had filed a Notice of Contention asserting that the primary judge erred in failing to notionally add-back to the asset pool a payment of $34,942.65 made by the husband for his legal fees. The husband’s Amended Notice of Appeal filed on 16 September 2020 asserted three grounds of appeal: the primary judge erred in assessing the contributions of the parties in giving no weight, or insufficient weight, to the inheritance received by the husband; the learned primary judge failed to consider the use to which the parties’ respective inheritances were applied in assessing the parties’ contributions; and in assessing the contributions of the parties, the learned primary judge gave inadequate reasons.

The court found merit in the husband’s appeal. The court held that the primary judge erred in assessing the contributions of the parties in giving no weight, or insufficient weight, to the inheritance received by the husband. The court found that the husband’s inheritance significantly contributed to the parties’ asset pool and that the primary judge failed to recognise this in their assessment. The court also found that the primary judge failed to consider the use to which the parties’ respective inheritances were applied in assessing the parties’ contributions. The court held that the husband’s inheritance was used to generate income and meet household expenses, whereas the wife’s inheritance was used to purchase a family home. The court held that the primary judge’s reasons were inadequate in that they did not take into account relevant considerations, including the husband’s inheritance and the use to which the parties’ inheritances were put. The court found that the primary judge’s determination was unreasonable or plainly unjust and that the appeal should be allowed.

The court allowed the appeal and set aside the order made on 24 March 2020. The court ordered a 55 per centum/45 per centum division of the net assets of the parties, excluding superannuation, in favour of the husband. The court also dismissed the Notice of Contention filed on 11 November 2020 and granted both parties a costs certificate pursuant to the provisions of the Federal Proceedings (Costs) Act 1981 (Cth). The court granted the husband a costs certificate in respect of the costs incurred by him in relation to this appeal and the wife a costs certificate in respect of the costs incurred by her in relation to this appeal. The form of the order is subject to the entry in the Court’s records.