Wright and Wright

In the matter of *Wright and Wright*, heard before Watts J, the dispute concerned an application for leave to appeal a decision of the Family Court of Australia. The applicants, Mr. and Mrs. Wright, sought to challenge an order made by a registrar of the Family Court, which had dismissed their application for final property settlement orders.

The central legal issue before Watts J was whether the registrar had erred in dismissing the Wrights' application for final property settlement orders. This required the court to consider the appropriate threshold for granting leave to appeal an interlocutory decision of a registrar, and whether the registrar had correctly applied the relevant provisions of the *Family Law Act 1975* (Cth) and associated rules in determining that the matter was not ready for final determination.

Watts J reasoned that the registrar's decision to dismiss the application for final orders was premature. His Honour found that the registrar had not adequately considered the evidence before her, nor had she properly assessed whether the parties had had a sufficient opportunity to prepare for a final hearing. The principles applied centred on the need for procedural fairness and the proper exercise of discretion by judicial officers in managing family law proceedings, particularly in ensuring that parties have a genuine opportunity to present their case before final orders are made.

Consequently, Watts J granted leave to appeal and set aside the registrar's order. The matter was remitted back to the Family Court for further hearing.