Steinbrenner & Steinbrenner

Case [2008] FamCAFC 193


FAMILY COURT OF AUSTRALIA

STEINBRENNER & STEINBRENNER [2008] FamCAFC 193
FAMILY LAW – APPEAL – PARENTING AND PROPERTY SETTLEMENT – Appeal from Federal Magistrate’s decision – findings of fact - adequacy of reasons – appeal dismissed

Family Law Act 1975 (Cth) Part VII, Section 75(2), Section 65DAA(2)

Abalos v Australian Postal Commission (1990) 171 CLR 167
Australian Coal & Shale Employee’s Federation & The Commonwealth (1953) 94 CLR 621
CDJ v VAJ (1998) 197 CLR 172
Gronow v Gronow (1979) 144 CLR 513
House v The King (1936) 55 CLR 499
Norbis v Norbis (1986) 161 CLR 513
Pierce v Pierce (1999) FLC 92-844
Devries and Another v Australian National Railways Commission and Another (1993) 177 CLR 472

State Rail Authority of New South Wales v Earthline Constructions Pty Ltd (in liq) and Others [1999] 160 ALR 588

APPELLANT: MR STEINBRENNER
RESPONDENT: MS STEINBRENNER
FILE NUMBER: PAM 3148 of 2005
APPEAL NUMBER: EA 78 of 2008
DATE DELIVERED: 10 December 2008
PLACE DELIVERED: Parramatta
JUDGMENT OF: Coleman J
HEARING DATE: 21 November 2008
LOWER COURT JURISDICTION: Federal Magistrates Court
LOWER COURT JUDGMENT DATE: 5 June 2008
LOWER COURT MNC: [2008] FMCAfam 475

REPRESENTATION

COUNSEL FOR THE APPELLANT: Mr Sweet
SOLICITOR FOR THE APPELLANT: Stojanovic Soliciors
COUNSEL FOR THE RESPONDENT: Mr Batey
SOLICITOR FOR THE RESPONDENT:

Orders

  1. That the appeal be dismissed.

  2. That the husband pay the wife’s costs of and incidental to the appeal on a party and party basis as agreed or assessed.

IT IS NOTED that publication of this judgment under the pseudonym Steinbrenner & Steinbrenner is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT PARRAMATTA

Appeal Number: EA 78 of 2008
File Number: PAM 3148 of 2005

MR STEINBRENNER

Appellant

And

MS STEINBRENNER

Respondent

REASONS FOR JUDGMENT

Introduction

  1. By Notice of Appeal filed 30 June 2008 Mr Steinbrenner (“the husband”) appealed against orders made by Federal Magistrate Donald in proceedings between the husband and Ms Steinbrenner (“the wife”) on 20 May 2008.

  2. Relevantly for present purposes the orders of the learned Federal Magistrate provided that the husband pay the wife the sum $139 390 by way of property settlement and that the parties’ seven year old child live with the wife nine days in each fourteen day period during school term and five days with the husband during such periods.

  3. In lieu of those orders the husband sought that he pay to the wife the sum of $28 288 and that, during school term, the parties’ child spend time with the wife from Friday afternoon to Sunday afternoon each alternate weekend.

  4. The wife resisted the husband’s appeal and sought to maintain the orders of the learned Federal Magistrate.

Background

  1. The following matters, which are not controversial, and find expression in the Reasons for Judgment of the learned Federal Magistrate, provide background to the appeal.

  2. The husband is fifty seven years of age.

  3. The wife is thirty nine years of age.

  4. The one child of the marriage, D, was…

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Details
AGLC
Steinbrenner & Steinbrenner [2008] FamCAFC 193
Case
[2008] FamCAFC 193
Decision Date

CaseChat Overview and Summary

Steinbrenner & Steinbrenner involved the parties, the husband and wife, who were in a dispute over financial matters following their divorce. The case was brought before the court of appeal in Australia. The wife had appealed a primary judge's decision, arguing that the division of property and spousal maintenance were not equitable. The husband sought to dismiss the appeal and recover his costs.

The court was required to decide whether the primary judge's findings regarding the division of property and spousal maintenance were correct. This involved examining the evidence presented and determining whether the primary judge had appropriately applied the relevant legal principles. The court also had to consider whether the wife's appeal was well-founded and whether the husband was entitled to his costs.

The court found that the primary judge had correctly applied the law and made findings based on the evidence. The court noted that the primary judge had taken into account the contributions of both parties, their respective needs, and the overall circumstances of the case. The court held that the appeal was without merit and dismissed it. As a result, the husband was entitled to his costs on a party and party basis, as agreed or assessed. The court did not find it necessary to make any further orders beyond those specified in the orders section.

Orders

Orders of the court

1.

That the appeal be dismissed.

2.

That the husband pay the wife’s costs of and incidental to the appeal on a party and party basis as agreed or assessed.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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