Event and Time
Event Description
- Case Title: Strand & Strand (No. 2)
- Court: Full Court of the Family Court of Australia
- Judges: Strickland, Ainslie-Wallace & O’Brien JJ
- Date of Decision: 12 December 2018
- Nature of Case: Appeal concerning property adjustment under the Family Law Act following the breakdown of a 38-year marriage.
Application and Claims
- Parties:
- Appellant: Husband - Respondent: Wife
- Claims:
- The wife received a disproportionate share of the asset pool (75%). - The husband alleged errors in the primary judge's assessment of contributions, credibility of parties, treatment of gifts vs loans, and reliance on financial documentation.
Judicial Decisions
- Decision:
- The appeal was dismissed in its entirety. - The husband was ordered to pay costs of $12,000 to the wife.
Dispute Points and Legal Basis
Dispute Points
- Grounds of Appeal:
- Ground 1: The primary judge erred by concluding that contributions were equal and awarding 75% to the wife. - Husband’s Argument: Insufficient reasoning supporting division; parties contributed equally. - Wife’s Counter: No presumption of equality in contributions; extensive consideration of both parties' efforts and circumstances.
- Ground 2: Assessment of credibility was flawed. - Husband’s Argument: The judge misassessed wife's credibility; focus on suspicions lacked foundation. - : Judge's findings based on substantial evidence; significant findings of husband’s unconvincing behavior noted.