Westmore and Westmore

The appeal in *Westmore and Westmore* concerned a dispute between a husband and wife regarding the division of their assets. The Full Court of the Family Court of Australia heard the appeal from orders made by Justice Dessau on 8 March 2007.

The legal issues before the Full Court included whether the trial judge had erred in her assessment of the asset pool by incorrectly including or excluding certain items, such as share proceeds received by the husband post-separation, a loan from the husband's parents, and contributions made by the husband to the wife's family property. The Court was also required to consider whether the trial judge had adequately accounted for potential capital gains tax liabilities and whether the final division of assets, which favoured the wife, was just and equitable.

The Full Court allowed the appeal in part, varying the original orders. The Court reduced the total asset pool by substituting $658,000 for $700,000 in relation to one asset. Additionally, the Court ordered that upon the transfer of a property, the wife was to pay the husband $42,000. The Court also granted costs certificates to both the appellant (husband) and the respondent (wife) under the *Federal Proceedings (Costs) Act 1981* (Cth), indicating that it was appropriate for the Attorney-General to authorise payments towards their respective legal costs incurred on appeal.