Wyatt & Wyatt

[2023] FedCFamC1A 222

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 1) APPELLATE JURISDICTION

Wyatt & Wyatt [2023] FedCFamC1A 222

Appeal from:

Wyatt and Wyatt [2023] FCWA 206

Appeal number:

NAA 265 of 2023

File number:

PTW 9466 of 2021

Judgment of:

ALDRIDGE, HARTNETT & RIETHMULLER JJ

Date of judgment:

7 December 2023

Catchwords:

FAMILY LAW – APPEAL – LEAVE TO APPEAL – Where the parties entered into a contract to purchase property – Where the trial judge ordered the parties to complete the purchase – Dispute as to one of the consequential orders for the mechanisms of repaying the mortgage – Orders required repayments from a re-draw account – Amount in dispute no more than seven per cent of the assets of the parties – Wife conceded husband will receive 40 per cent of the assets of the parties – More than sufficient assets to make any appropriate adjustments when making final orders – No substantial injustice if leave refused – Leave refused – Appeal dismissed – Applicant to pay the respondent’s costs.

Legislation:

Federal Circuit and Family Court ofAustralia Act 2021 (Cth) s 28

Federal Court and Federal Circuit and Family Court Regulations 2022 (Cth) reg 4.02

Cases cited:

Jeffries & Post [2021] FedCFamC1A 92

Medlow & Medlow (2016) FLC 93-692; [2016] FamCAFC 34

Perica & Perica [2022] FedCFamC1A 184

Number of paragraphs:

16

Date of hearing:

7 December 2023

Place:

Sydney

Counsel for the Applicant:

Mr Dowding SC

Solicitor for the Applicant:

Kerr Fels Lawyers

Solicitor for the Respondent:

Klimek Wijay Family Lawyers

ORDERS

NAA 265 of 2023
PTW 9466 of 2021

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTION

BETWEEN:

MS WYATT

Applicant

AND:

MR WYATT

Respondent

ORDER MADE BY:	ALDRIDGE, HARTNETT & RIETHMULLER JJ
DATE OF ORDER:	7 DECEMBER 2023

THE COURT ORDERS THAT:

1.Leave to appeal is refused.

2.The appeal is dismissed.

3.The applicant is to pay the respondent’s costs of the appeal fixed in the sum of $8,369.71.

Note:   The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

IT IS NOTED that publication of this judgment by this Court under the pseudonym Wyatt & Wyatt has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

EX TEMPORE
REASONS FOR JUDGMENT

RIETHMULLER J:

1. The applicant wife applies for leave to appeal against an interlocutory order made by the primary judge concerning the financial arrangements required to enable the parties to complete a contract for the purchase of an apartment off the plan. The parties entered into a contract to purchase the apartment in 2019 and paid a 10 per cent deposit of $120,000. In April…