Successful Appeal Against Final Property Settlement Orders

In the matter of Candle & Falkner [2021] FedCFamC1A 102, Jano Family Law were successful in an appeal made by the husband against final property orders in a hig- net-worth family law property litigation matter.

The grounds of appeal set out by the husband challenged the primary judge’s:

  • treatment of notional property, or “add backs”, amounting to almost $1,000,000;
  • the assessment of contributions, particularly in relation to the husband’s contributions to several businesses owned and operated by the parties between 2010 and 2017; and
  • the primary judge’s consideration of, and adjustment based on, the factors set out in s 75(2) of the Family Law Act 1975 (Cth) (“the Act”).

The Court in it’s summary noted that , “It should, however, be recognised that in allowing the appeal, for the reasons given we implicitly accept the ultimate result was not just and equitable.” The matter was remitted for a re-hearing and costs certificates were awarded to the parties.

Jano Family Law, with the excellent assistance of Mr Othen of Counsel, won a significant victory for the husband in a high-stakes family law property litigation, in circumstances where the wife was very competently represented by a leading family law firm.

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