Warszawski & Warszawski

[2025] FedCFamC1A 165

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 1) APPELLATE JURISDICTION

Warszawski & Warszawski [2025] FedCFamC1A 165

Appeal from:

 Warszawski & Warszawski [2025] FedCFamC2F 536

Appeal number

NAA 234 of 2025

File number

SYC 7769 of 2021

Judgment of:

CHRISTIE J

Date of judgment:

12 September 2025

Catchwords:

 FAMILY LAW – APPEAL – CROSS-APPEAL –  PROPERTY –  Where both parties agree that the primary judge mischaracterised a bank account belonging to the wife as having a NIL balance – Where both parties agree that this was a material error –  Where Appellant husband argues this error caused him to receive less than was intended by the primary judge – Where Cross-appellant wife argues this error meant that her contributions were undervalued –  Finding made that the trial judge had adequately considered the wife's contributions – Cross-appeal dismissed – Where both parties seek re-exercise of discretion if appeal allowed –  Appeal allowed –  Re-exercise of discretion.  

Legislation:

 Family Law Act 1975 (Cth) ss, 75, 79.

Cases cited:

De Winter v De Winter (1979) 23 ALR 211

Shinohara and Shinohara [2025] FedCFamC1A 126

Number of paragraphs:

66

Date of hearing:

15 August 2025

Place:

Sydney

Counsel for the Appellant/ Cross Respondent:

Mr Livingstone

Solicitor for the Appellant/Cross Respondent

Fox & Staniland Lawyers

Counsel for the Respondent /Cross Appellant:

Mr Stapleton

Solicitor for the Respondent/ Cross Appellant:

Hudson Law

ORDERS

NAA 234 of 2025
SYC 7769 of 2021

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTION

BETWEEN:

MR WARSZAWSKI

Appellant/Cross Respondent

AND:

MS WARSZAWSKI

Respondent/Cross Appellant

ORDER MADE BY:	CHRISTIE J
DATE OF ORDER:	12 SEPTEMBER 2025

THE COURT ORDERS THAT:

1.The husband’s amended appeal filed 9 July 2025 is allowed.

2.The wife’s amended cross-appeal filed 9 July 2025 is dismissed.

3.The Application in an Appeal to adduce further evidence is allowed.

4.Order 2(d) of the Orders dated 1 May 2025 is vacated and in its place the Court orders:

(d) Fourth, the net balance to be divided between the parties as follows:

(i) An amount to the wife that equates to the percentage division of 33.77 per cent of the net proceeds of sale of the Suburb B property;

(ii) The balance then remaining to the husband.

5.Any party who wishes to make an application for costs is to file and serve an application and affidavit within 14 days;

6.If an application for costs is filed in accordance with Order 5 then any response and affidavit are to be filed within a further 14 days;

7.Submissions in support of any application for costs limited to 5 pages are to be filed within a further 14 days;

8.Submissions in response to submissions filed in accordance with Order 7 limited to 5 pages are to be filed within a further 14 days;

9.Submissions in response (if any) to those filed in accordance with Order 8 limited to 2 pages are to be filed within a further 7 days, at which time judgment will be reserved.

10.Unless a party provides notification that…