FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1) APPELLATE JURISDICTION
Stueck & Stueck [2025] FedCFamC1A 68
Appeal from: Stueck & Stueck [2024] FedCFamC2F 1406 Appeal number(s): NAA 295 of 2024 File number(s): BRC 15613 of 2022 Judgment of: RIETHMULLER J Date of judgment: 16 April 2025 Catchwords: FAMILY LAW – APPEAL – Property – Where appellant argues that amount of overcapitalisation was greater than that conceded by the respondent at trial – Where appellant argues the primary judge erred in accepting the concession of the respondent that the overcapitalisation was around $500,000 – Where appellant claims that the Court should make an assessment based on the use of funds during the relationship as opposed to initial contributions – Where appellant argues primary judge failed to properly exercise discretion – Consideration of authorities on overcapitalisation – Where no detailed argument or authorities regarding overcapitalisation were put to the primary judge – Ground of appeal not established – No error of discretion as per House v The King (1936) 55 CLR 499 established – Appeal dismissed – Costs awarded. Legislation: Evidence Act 1995 (Cth) s 144
Family Law Act 1975 (Cth) ss 75, 117
Cases cited: Browne v Green (1999) FLC 92-873; [1999] FamCA 1483
CDJ v VAJ (1998) 197 CLR 172; [1998] HCA 67
Dickons & Dickons (2012) 50 Fam LR 244; [2012] FamCAFC 154
Farley & Manoly [2013] FamCAFC 93
G & G [2001] FamCA 1138
Hackshaw & Hackshaw [2010] FamCA 1123
House v The King (1936) 55 CLR 499; [1936] HCA 40
In the Marriage of Chance & Bryant (Appeal No 2 of 1986, 20 March 1986); C v B [1986] FamCA 70
Kowaliw & Kowaliw (1981) FLC 91-092; [1981] FamCA 70
MacKinnon & Talbot [2023] FedCFamC1A 156
Norbis v Norbis (1986) 161 CLR 513; [1986] HCA 17
Sharman v Evans (1977) 138 CLR 563; [1977] HCA 8
Vrbetic & Vrbetic (1987) FLC 91-832
Willmore and Willmore (1988) FLC 91-975; [1988] FamCA 45
Number of paragraphs: 32 Date of hearing: 6 March 2025 Place: Parramatta Counsel for the Appellant: Mr Hackett Solicitor for the Appellant: Bruce Dulley Family Lawyers Counsel for the Respondent: Mr Strong Solicitor for the Respondent: Mills Oakley Lawyers ORDERS
NAA 295 of 2024
BRC 15613 of 2022FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTIONBETWEEN: MS STUECK
Appellant
AND: MR STUECK
Respondent
ORDER MADE BY:
RIETHMULLER J
DATE OF ORDER:
16 APRIL 2025
THE COURT ORDERS THAT:
1.Appeal NAA 295 of 2024 is dismissed.
2.The appellant pay the respondent’s costs in the amount of $15,000.
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…
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CaseChat Overview and Summary
The court considered the authorities on overcapitalisation and noted that no detailed argument or authorities regarding overcapitalisation were put to the primary judge. The court held that the ground of appeal was not established, as the appellant had not demonstrated that the primary judge's assessment was plainly wrong or that there was a failure to properly exercise discretion. The appeal was dismissed, and the court awarded costs to the respondent. The court found that the primary judge had taken a holistic approach in assessing the parties' contributions, considering the context of their relationship over 12 years.
The court concluded that the appellant had not established that the primary judge's assessment was such that one could infer a failure to properly exercise discretion. The court also considered the costs, finding that an appropriate amount was $15,000 on a lump sum basis. The appeal was dismissed, and the appellant was ordered to pay the respondent's costs in the sum of $15,000. The court's decision was based on a thorough review of the evidence and the applicable legal principles, ensuring that the appeal was decided fairly and in accordance with the law.
Orders
Orders of the court
NAA 295 of 2024
BRC 15613 of 2022
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTION
BETWEEN:
MS STUECK
Appellant
AND:
MR STUECK
Respondent
ORDER MADE BY:
RIETHMULLER J
DATE OF ORDER:
16 APRIL 2025
THE COURT ORDERS THAT:
1. Appeal NAA 295 of 2024 is dismissed.
2. The appellant pay the respondent’s costs in the amount of $15,000.
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).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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