Wallis & Manning

The appeal in Wallis & Manning concerned a property settlement dispute between the parties following their divorce. The decision was handed down by the Family Court of Australia. The appellant, the wife, sought to appeal the trial judge's assessment of contributions made by both parties towards their marriage, arguing that the trial judge had made errors in the assessment process. The husband, the respondent, defended the trial judge's decision and argued against the appeal.

The court was required to determine whether the trial judge's assessment of contributions fell outside the range reasonably available in the circumstances, and whether the trial judge had properly considered all relevant evidence. The court also needed to decide whether the trial judge had erred in referring to a jointly purchased property as part of gifts given by the husband's father and in failing to include an inheritance received by the wife as a contribution. Additionally, the court had to consider whether the delay between the trial and the delivery of the judgment had any impact on the trial judge's assessment.

The court found that the trial judge had indeed erred in their assessment of contributions, particularly in relation to the jointly purchased property and the inheritance. The court also noted that the significant delay between the trial and the delivery of the judgment resulted in the trial judge's failure to properly consider evidence. As a result, the appeal was allowed, and the orders for settlement of property made by Judge Demack on 4 November 2015 were set aside. The parties were required to provide agreed minutes of order to the appeals registrar, and the sum of money required to be paid by the husband to the wife was to be paid within 60 days of the date of the orders. The court granted costs certificates to both parties under the Federal Proceedings (Costs) Act 1981 (Cth).