Trask & Westlake

The case of Trask & Westlake involved the husband appealing a decision regarding the distribution of property between the parties following their separation. The Full Court of the Family Court of Australia was tasked with examining the lower court's assessment of the parties' contributions and income-earning capacity, as well as the form of the orders made. The husband contested the trial judge's attribution of greater weight to the wife's post-separation contributions and argued that his own financial contributions were more substantial. Additionally, he contended that the trial judge erred in assessing the parties' earning capacities and in the division of property.

The court considered whether the trial judge appropriately weighed the contributions made by both parties post-separation, noting that the wife's role as a homemaker continued to have relevance. The Full Court determined that the trial judge's assessment was correct and that the judge had applied the appropriate weight to the contributions. Regarding income-earning capacity, the Full Court found no error in the trial judge's conclusion that the husband had a greater earning potential than the wife, supported by expert evidence. The court also addressed the discrepancy in the division of property, finding that while the trial judge intended a 60 per cent division in favour of the wife, the actual percentage applied to the prospective sale proceeds was incorrect. The Full Court concluded that the orders could not be corrected under the "slip rule" as the error was deliberate.

The appeal was allowed, and the orders made by the trial judge were varied to rectify the errors identified by the Full Court. Specifically, the wife was to be paid an amount calculated according to a prescribed formula, and the husband was to receive the balance. The parties were directed to file and serve submissions regarding the costs of the appeal within seven days of the date of the orders.