Willis & Willis

[2007] FamCA 819

FAMILY COURT OF AUSTRALIA

WILLIS & WILLIS [2007] FamCA 819

FAMILY LAW – APPEAL FROM DECISION OF FAMILY COURT JUDGE – PROPERTY SETTLEMENT – Long marriage – Trial Judge ordered that the parties assets be divided 80% to 20% in favour of the wife - Whether the trial Judge gave too much weight to the section 75(2) factors which favoured the wife considering the decision to alter their interests in the property by reason of findings about contribution – Whether the trial Judge erred in failing to add back to the asset pool monies spent by the wife after separation – Appeal allowed in part – No order as to costs.

FAMILY LAW – APPEAL – CHILDREN – RELOCATION – Appeal relates only to the two youngest children – Older child living with the husband - Husband sought orders for a shared care arrangement – Wife sought to relocate with the two youngest children – Whether the husband was denied procedural fairness at the trial – Whether the trial Judge gave sufficient weight to the wishes of the youngest child and the evidence of the Family Report Writer – Appeal dismissed – No order as to costs.

Family Law Act 1975 (Cth)

House v The King (1936) 55 CLR 499
Gronow and Gronow (1979) FLC 90-716

APPELLANT:  Mr Willis

RESPONDENT:  Mrs Willis

FILE NUMBER: SYF 2411 of 2005

APPEAL NUMBER: EA 71 of 2006

DATE DELIVERED: 9 August 2007

PLACE DELIVERED: Brisbane

JUDGMENT OF: WARNICK, MAY, STEVENSON JJ

HEARING DATE: 3 May 2007

LOWER COURT JURISDICTION: Family Court of Australia

LOWER COURT JUDGMENT DATE: 30 June 2006

LOWER COURT MNC: [2006] FamCA 591

REPRESENTATION

COUNSEL FOR THE APPELLANT: Mr Dura

SOLICITOR FOR THE APPELLANT: Willis & Bowring

COUNSEL FOR THE RESPONDENT: Mr Thistleton

SOLICITOR FOR THE RESPONDENT: Frazi Spink

Orders

1. That the appeal be allowed in part.

2. That order 1 made on 30 June 2006 be varied by the deletion of the figure 80% and 20% and the substitution therefore of 78.7% and 21.3% respectively.

3. That there be no order as to the costs of the appeal.

IT IS NOTED THAT IN CONNECTION WITH THESE ORDERS that the judgment of the Full Court delivered this day will for all publication and reporting purposes be referred to as Willis and Willis.

FAMILY COURT OF AUSTRALIA AT SYDNEY

Appeal Number: EA 71 of 2006
File Number:  SYF 2411 of 2005

Mr Willis

Appellant

And

Mrs Willis

Respondent

REASONS FOR JUDGMENT

INTRODUCTION

1. The appeal by the husband against orders made by Lawrie J on 30 June 2006 concerns property settlement and parenting issues.  The wife resisted the appeal and sought to maintain the orders of the trial judge.

2. The parenting orders related only to the two younger children of the parties:

   The child L born … November 1992, and

   The child S born … September 1997.

   The child L and the child S were 13 and almost 9 years old at the time of the orders.  The third child of the marriage,…