W & W

This matter concerned an appeal to the Full Court of the Family Court of Australia against the exercise of discretion by a Federal Magistrate in property settlement proceedings between the parties, identified as W and W. The appellant challenged the Magistrate's conclusions regarding contributions and the application of section 75(2) of the *Family Law Act 1975* (Cth). The grounds of appeal relied on the weight afforded to certain facts and circumstances, without alleging errors of fact or principle.

The primary legal issue before the Full Court was whether the Federal Magistrate had erred in their assessment of the parties' contributions and in their consideration of future needs under section 75(2) of the *Family Law Act 1975* (Cth). Specifically, the appeal questioned the factual findings underpinning the Magistrate's discretionary exercise.

The Full Court found that the Federal Magistrate's finding favouring the husband in relation to contributions was "plainly wrong" based on the Magistrate's own factual findings. Consequently, this specific contribution finding was set aside. However, the appeal was otherwise unsuccessful. The Full Court then proceeded to re-exercise the Federal Magistrate's discretion. Costs certificates were awarded to each party.