Teal & Teal

The appeal and cross appeal in Teal & Teal concerns a dispute between the husband and wife regarding a property settlement and child support orders made by a Federal Magistrate. The husband appealed against the orders, arguing that the Federal Magistrate failed to adequately consider his post separation savings and the wife's initial contributions. The wife cross-appealed, contending that the Federal Magistrate did not give sufficient weight to her initial contribution of US stocks and erred in the adjustment made under s 75(2) in her favour. The husband also argued that the Federal Magistrate erred in the adjustment of child support and double counted in calculating the cost of maintaining the children.

The court had to determine whether the Federal Magistrate erred in the assessment and weighting of the parties' contributions and whether the adjustment in the wife's favour under s 75(2) was supported by the facts. The court also had to consider if the Federal Magistrate erred in the calculation of child support and whether the wife's cross appeal regarding the US stocks had merit. The court found that the Federal Magistrate failed to provide adequate reasons for the contribution assessment and erred in the adjustment under s 75(2). The court also found that the Federal Magistrate erred in the calculation of child support by double counting the cost of maintaining the children.

The appeal and cross appeal against the child support departure orders were allowed, and the appeal and cross appeal against the orders for property settlement were also allowed. The wife's application for property settlement and child support departure orders was dismissed, and the husband's applications were also dismissed. The wife's application for property settlement and child support departure orders was remitted for re-hearing before a Federal Magistrate other than Federal Magistrate Dunkley. The court granted costs certificates to both parties for the appeal, cross appeal, and rehearing.