Walters & Walters

The Full Court of the Family Court of Australia heard an appeal concerning the application of section 75(2) of the *Family Law Act 1975* (Cth). The specific dispute involved the financial circumstances of the parties and how these should be taken into account when determining property settlement orders.

The primary legal issue before the Full Court was whether the trial judge had erred in their assessment and application of the factors enumerated in section 75(2) of the *Family Law Act 1975*. This section requires courts to consider a range of matters relating to the financial resources and needs of each party, as well as the future needs of any children of the marriage, when making property adjustment orders.

The Full Court, in dismissing the appeal, affirmed the principles governing the application of section 75(2). The court reiterated that the list of factors in section 75(2) is not exhaustive and that the weight given to each factor is a matter for the trial judge's discretion, provided that discretion is exercised judicially. The court found no error in the trial judge's approach to considering the parties' respective financial positions and future needs.

Consequently, the appeal was dismissed, and each party was ordered to bear their own costs of the appeal.