Event and Time
Event Description
In July 2020, the Full Court of the Family Court of Australia reviewed an appeal concerning property settlement orders initially made by a judge in the Federal Circuit Court on 22 August 2019 between Mr. Hinkler (the husband) and Ms. Anglin (the wife).
Application and Claims
- The husband appealed the property settlement order that awarded him 15% ($38,750) of the net pool of assets, to be paid in fortnightly instalments of $150, without the provision for interest or security which extended the payment period to potentially ten years.
- The wife conceded the appeal, admitting the inadequacy of the original orders.
Judicial Decisions
- The Full Court allowed the appeal, set aside the previous orders, and remitted the matter for rehearing by a different judge in the Federal Circuit Court.
- Both parties were granted costs certificates indicating potential compensation for their legal costs incurred in relation to this appeal.
Dispute Points and Legal Basis
Dispute Points
Husband’s Arguments:
- Claimed that the primary judge’s orders were flawed as they did not provide finality and were not just and equitable, violating the Family Law Act 1975 (Cth) sections 79(2) and 81.
- Implied that the error in the orders existed even if not explicitly stated in the grounds for appeal.
Wife’s Arguments:
- The solicitor for the wife expressed doubts about the original orders but did not raise these concerns during original arguments.
- Ultimately conceded the appeal, recognizing that the orders were erroneous and acknowledging the appeal should be allowed.
Third Party Perspectives:
- The judiciary underscored the obligation of the appellate court to correct clear errors in the trial judgment even if not explicitly claimed, referencing the precedent set in .