Tanev & Baumann

The appeal in this matter was brought by Mr Tanev against the final parenting and financial orders made by the Federal Circuit and Family Court of Australia. The central issues were whether the orders correctly permitted the mother to relocate with the children to Country B and whether the primary judge correctly adjusted the property settlement and failed to order spousal maintenance despite expressing an intention to do so. The appeal was heard by Tree, Kari and Campton JJ. The court found that the appeal should be allowed, and the matter should be remitted for rehearing.

The court identified that the primary judge’s parenting orders did not comply with the statutory requirements and the decision-making process was flawed. The court also noted that the primary judge did not adequately explain the reasoning behind the property adjustment and failed to make an order for spousal maintenance despite expressing an intention to do so. The court concluded that these errors necessitated a rehearing of the matter. Additionally, the court granted costs certificates to both parties for the appeal and the rehearing, recognising the appellant's success on points of law.

The court set aside the orders made by the Federal Circuit and Family Court of Australia on 3 May 2023 and remitted the matter for rehearing by a different judge. The court further ordered that costs certificates be granted to both parties for the appeal and the rehearing, acknowledging the appellant's success on points of law. This decision ensures that the issues identified by the court are properly addressed in the rehearing.