Worth and Worth & Anor
Case
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[2019] FamCAFC 40
•8 March 2019
Details
AGLC
Case
Decision Date
Worth and Worth & Anor [2019] FamCAFC 40
[2019] FamCAFC 40
8 March 2019
CaseChat Overview and Summary
Worth and Worth & Anor involved an appeal against decisions made by a family court in relation to parenting arrangements and property settlement. The husband appealed the trial judge's decisions, which included awarding the wife sole parental responsibility for their two children and ordering that the youngest child reside with the wife. The husband also contested the trial judge's handling of the wife's evidence regarding legal fees and disclosure, as well as the treatment of "add-backs" and the assessment of the parties' respective contributions. Additionally, the husband raised complaints about the wife's solicitor's conduct, which did not result in any error by the trial judge.
The court found that there was no error in the trial judge's decisions on parenting arrangements, given the high conflict between the parties and the best interests of the children. The court also upheld the trial judge's handling of the wife's evidence, treatment of "add-backs," and assessment of the parties' contributions, finding no merit in the husband's complaints. Regarding the wife's solicitor's conduct, the court concluded that it did not amount to error by the trial judge. Consequently, the appeal was dismissed.
The court further ordered the wife to file written submissions regarding costs within 21 days of the date of the judgment, with the husband to respond within 21 days of receiving the wife's submissions. The wife was then to file any reply submissions within 14 days of receiving the husband's response. The form of the order was subject to the entry of the order in the Court’s records.
In summary, the appeal was dismissed, and the court set out a timeline for the submission of written costs arguments between the parties.
The court found that there was no error in the trial judge's decisions on parenting arrangements, given the high conflict between the parties and the best interests of the children. The court also upheld the trial judge's handling of the wife's evidence, treatment of "add-backs," and assessment of the parties' contributions, finding no merit in the husband's complaints. Regarding the wife's solicitor's conduct, the court concluded that it did not amount to error by the trial judge. Consequently, the appeal was dismissed.
The court further ordered the wife to file written submissions regarding costs within 21 days of the date of the judgment, with the husband to respond within 21 days of receiving the wife's submissions. The wife was then to file any reply submissions within 14 days of receiving the husband's response. The form of the order was subject to the entry of the order in the Court’s records.
In summary, the appeal was dismissed, and the court set out a timeline for the submission of written costs arguments between the parties.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Appeal
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Compensatory Damages
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Jurisdiction
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Costs
Actions
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Citations
Worth and Worth & Anor [2019] FamCAFC 40
Most Recent Citation
WORTH & WORTH [2020] FamCA 245
Cases Citing This Decision
4
WORTH & WORTH
[2020] FamCA 245
REIMES & REIMES
[2019] FCCA 3264
WORTH & WORTH
[2020] FamCA 245
Cases Cited
8
Statutory Material Cited
1
Fox v Percy
[2003] HCA 22
Fox v Percy
[2003] HCA 22
Gronow v Gronow
[1979] HCA 63