T v L

The appeal was brought by T against L, following a decision of the Family Court in relation to the division of property following the termination of their de facto relationship. The central issue before the court was whether the trial judge had erred by failing to adopt a particular approach to the division of the parties' assets, namely either a global or an asset-by-asset approach. The Full Court of the Family Court was tasked with determining whether the trial judge's failure to explicitly state which approach was adopted constituted a legal error.

The court examined the applicable legal principles and concluded that the trial judge's failure to explicitly adopt either a global or an asset-by-asset approach did not constitute a legal error. The court emphasised that the Family Law Act permits flexibility in the approach taken by the court, and a failure to adopt a particular approach does not necessarily imply an error of law. The court found that the trial judge had made findings that adequately addressed the division of the parties' property and had not erred in failing to explicitly state the approach taken. The appeal was dismissed as the court found no basis for interfering with the trial judge's determination.

The court's decision underscores the importance of focusing on the outcome of the property division rather than the specific approach taken. The court confirmed that the trial judge's failure to explicitly state the approach did not amount to an error of law, provided that the findings made were adequate and the process was fair. The appeal was dismissed, and the original decision of the Family Court was upheld.