Strahan & Strahan

The wife sought leave to appeal against the orders of the trial judge in proceedings concerning the distribution of property between the parties, following the breakdown of their marriage. The wife also appealed the trial judge’s refusal to adjourn the trial. The Full Court of the Family Court was required to determine whether the wife had established grounds to appeal against the orders of the trial judge. In dismissing the wife’s application for leave to appeal, the Full Court found that the wife’s failure to attend the trial and provide instructions to her legal representatives, combined with the history of the litigation, the impact on public resources and the need to bring an end to the parties’ financial relationship, outweighed any injustice to the wife. The Full Court also dismissed the wife’s appeal against the trial judge’s orders regarding the distribution of property. The Full Court found that the trial judge had properly considered the matters relevant to the distribution of property, and that the wife’s remaining grounds of appeal did not demonstrate any appealable error. The Full Court further dismissed the wife’s application for leave to appeal the trial judge’s refusal to stay the substantive property orders pending determination of her appeal.
The Full Court dismissed the wife’s application for leave to appeal against the orders of the trial judge, and dismissed the wife’s appeal against the trial judge’s orders regarding the distribution of property. The Full Court also dismissed the wife’s application for leave to appeal the trial judge’s refusal to stay the substantive property orders pending determination of her appeal. The wife was ordered to pay the husband’s costs of and incidental to the appeal and each of the applications for leave to appeal.