Trevi & Trevi

The appeal was heard by the Full Court of the Family Court of Australia, with the case involving a dispute between the husband and wife over the division of their property. The husband appealed the final property orders made by the trial judge eight and a half years after the parties separated. The net property of the parties was substantial, and the trial judge concluded that their contributions should be assessed as equal. However, the wife received a 10 per cent adjustment pursuant to s 79(4)(e) of the Family Law Act 1975 (Cth). The husband argued that the trial judge erred in failing to add back amounts received by the wife pursuant to interim orders and an amount expended by the wife on legal fees.

The Full Court considered the arguments and concluded that the trial judge erred in failing to add back the amount received by the wife pursuant to interim orders and in not considering the wife's paid legal fees in the assessment of contributions. The Full Court noted that the trial judge confused two well-established approaches to dealing with the wife’s paid legal fees. Additionally, the Full Court found that the trial judge erred in the assessment of s 79(4)(e) and in failing to make a splitting order. The appeal was allowed in part, and the Full Court set aside Order (1) of the Orders made by the trial judge. The parties were required to reach an agreement as to the cash sum payable to the wife in consequence of the said order being set aside, and the Full Court granted a costs certificate to both parties.