Sweep & Sweep (No 2)

The case of Sweep & Sweep (No 2) involved two appeals brought by the husband against a family law decision. The dispute centred around property matters post-separation, including the husband's actions with respect to a mortgage and the subsequent transfer of funds to his partner. The wife, who did not appear in court for the appeal, argued that the husband had failed in his duty of disclosure and that she should be compensated due to her caring responsibilities.

The court had to decide several legal issues, including whether the husband could retrieve funds he had drawn on the mortgage post-separation, whether the husband's failure to disclose certain information warranted an adjustment in the wife's favour, and whether there were grounds for the primary judge to be recused due to apprehended bias. The court also needed to consider if procedural fairness was upheld and whether the primary judge had failed to consider relevant factors or provided adequate reasoning.

The court dismissed the appeal, finding that the primary judge's findings on the property matters were open to the evidence presented. The court also ruled that the wife's caring responsibilities justified an adjustment in her favour, despite the husband's non-disclosure. Additionally, the court found that the delay in raising the bias allegation and the husband's failure to provide relevant evidence meant that the appeal on this ground was not successful. Consequently, the appeal was dismissed, but the court allowed a part of the husband's application to adduce further evidence, which showed the primary judge's conduct following the delivery of the orders. The form of the orders is subject to the entry of the court's records.